John Ellis
Ceist:9 Mr. Ellis asked the Minister for Justice if she intends to introduce legislation which will provide for maximum daily legal fees for future tribunals of inquiry; and if she will make a statement on the matter. [16541/95]
Ceisteanna-Questions. Oral Answers. - Tribunals of Inquiry Legal Fees.
I have no such proposals and I am not convinced that that approach would be appropriate. It is the case, however, that this subject generally and possible approaches to it, are the subject of correspondence between my Department, the Department of Finance and others and that all concerned will meet shortly to discuss the matter. Any proposals which may emerge will fall to be considered in the normal way.
There is a considerable number of applications before the taxing master of the High Court relating to the level of fees claimed as a result of the beef tribunal. Does the Minister believe that the precedents which will be set by the taxing master should be invoked by the Government in subsequent tribunals of inquiry?
I share the Deputy's concern. He knows better than I that the level of legal fees is, to a great extent, determined by the laws of supply and demand; the market sets the rate. If the State or any person represented at a tribunal employs a top lawyer, they are likely to be charged the going rate. I am sure Deputy O'Donoghue would like to be in the top echelons in that respect. In determining the rate one should, as provided by Department of Finance guidelines, have regard to the likely duration of a tribunal or inquiry and the question of agreeing an overall cap on the level of fees to be paid. The former Fair Trade Commission, when examining restrictive practices in the legal profession some years ago, strongly opposed statutory controls on legal fees. The commission favoured greater competition in the provision of legal services which, it argued, would tend to reduce legal costs.
I am sure the Minister will accept that the excessive fees agreed in the beef tribunal will give all tribunals a bad name. In that context, will the Minister agree that in further inquiries of this nature it should be possible for the State to introduce a method whereby a flat fee could be negotiated for teams of lawyers employed by the State? It should be possible to obtain the service of excellent lawyers without paying the top commercial rate in the marketplace.
Is the Deputy offering her services in this respect?
I am not a barrister.
I will convey her suggestion to the Minister.