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, the Minister, in consultation with the Attorney General, will decide whether he should make an application to the tribunal, inquiry or other public committee of investigation for grant of legal representation before the tribunal, inquiry or other public committee of investigation. If, by virtue of the terms of reference of the tribunal, inquiry or other public committee of investigation, the tribunal, inquiry or other public committee of investigation determines that the Minister should be legally represented at the tribunal, inquiry or other public committee of investigation, 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.
Although the planning tribunal is inquiring into matters within the remit of the functions of the Department of Environment, Heritage and Local Government, my Department has not sought legal representation yet before the tribunal.
The fees paid to the various members of the legal team of the tribunal of inquiry into certain planning matters and payments up to 12 June 2003 are set out in the following table.
