Tribunals of Inquiry.

Dáil Éireann Debate, Thursday - 14 October 2004

Thursday, 14 October 2004

Ceisteanna (173)

Niall Blaney

Ceist:

173 Mr. Blaney asked the Minister for Justice, Equality and Law Reform the reason a number of constituents of this Deputy in Donegal who are involved in tribunals do not have the right to legal representation of their choice by lawyers who are known to them and trusted by them (details supplied); and if he will make a statement on the matter. [24978/04]

Freagraí scríofa

Minister for Justice, Equality and Law Reform (Mr. McDowell)

From the details supplied it is not clear exactly to whom the Deputy is referring. A number of parties applied to the tribunal and were granted the right to representation before it. The criterion used by the chairman in deciding this was whether the good name of the individual concerned was likely to be in jeopardy or called into question during the course of the proceedings. On this basis a large number of individuals were granted representation and it was only where the chairman considered that an individual's good name was not in peril that representation was not granted.

It has transpired that a number of parties granted the right to representation have chosen not to exercise their right or have exercised it only to a limited extent. A number of these parties have cited the ongoing costs as a reason for not engaging a legal team or for not continuing to brief a legal team where one had previously been engaged. Some parties have sought to have their legal fees paid in advance or guaranteed by the State. However, the fact is that under the legislation governing tribunals the question of costs is a matter solely for the tribunal to decide.

With regard to the Morris tribunal, it may be reassuring for parties to note that the chairman has recently addressed the question of costs relating to the report on the first module very soon after the publication of the report rather than waiting until finalisation of all the tribunal's work. It is hoped that this prompt settling of the costs on a modular basis will be of comfort to those parties who may be in two minds over the question of engaging counsel to represent their interests.