Dáil Éireann díospóireacht -
Tuesday, 17 Jun 2003

Vol. 568 No. 5

Written Answers. - Tribunals of Inquiry.

Jim O'Keeffe

Ceist:

236 Mr. J. O'Keeffe asked the Minister for Foreign Affairs if he has the authority to appoint legal teams or representatives to tribunals, inquiries or other public committees of investigation under the aegis of his Department; the criteria used in the selection and appointment of these legal teams or representatives; the amount paid, or payable to date, which has been discharged, or is due to be discharged, from public funds to appointed legal teams or representatives since 1997; the names of legal teams or representatives appointed since 1997; the moneys paid or payable to these persons since 1997; and if he will make a statement on the matter. [16910/03]

Minister for Foreign Affairs (Mr. Cowen)

If the subject matter, arising from the terms of reference, of a tribunal, inquiry or other public committee of investigation is materially relevant and substantially impacts upon the functions, statutory or otherwise, of the Department of Foreign Affairs, the Minister for Foreign Affairs, in consultation with the Attorney General, will decide as to whether or not he should make an application to the tribunal, inquiry or other public committee of investigation for grant of legal representation before that body. If, by virtue of its terms of reference, the tribunal, inquiry or other public committee of investigation determines that the Minister should be legally represented, then a legal team or representation on behalf of the Minister will attend, either on a limited or non-limited basis, at the hearings of the tribunal, inquiry or other public committee of investigation. Such attendance is subject to the terms of the grant of representation from the tribunal, inquiry or other public committee of investigation in respect of the Minister.

The selection and appointment of the legal team or representatives to a tribunal, inquiry or other public committee of investigation on behalf of the Minister is conducted by the Attorney General in consultation with the Department. The Attorney General will identify and nominate members of the legal team including Counsel, if necessary. Such legal representation is paid for by the Department at rates of remuneration sanctioned by the Department and the Department of Finance in consultation with, and pursuant to, the recommendations of the Attorney General.

Counsel who are appointed to a tribunal or non-statutory inquiry to represent the tribunal or non-statutory inquiry itself are usually selected and appointed by the chairman of the tribunal or non statutory inquiry in consultation with the Attorney General. Counsel who advise or represent parliamentary committee inquiries are usually selected and appointed by the parliamentary committee itself.

No tribunal, inquiries or other public committee of investigation under the aegis of the Department of Foreign Affairs have been established since 1997.