Finian McGrath
Ceist:334 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in County Donegal. [14909/05]
Amharc ar fhreagraTuesday, 10 May 2005
Ceisteanna (282, 283)
Freagraí scríofa
It is not clear exactly what case the Deputy is referring to. The person concerned is a key figure in the work being undertaken by the Morris tribunal and has also initiated legal proceedings against the Garda Commissioner, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General.
As far as the Morris tribunal is concerned, the position is that it has recently completed hearing oral evidence pertaining to the module relating to the Garda investigation into the death of a person in Donegal and I understand that it expects to present its report on that module shortly. As regards the civil proceedings, it would be inappropriate of me to comment further pending the determination of the case.
Finian McGrath
Ceist:335 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will change the legislation to assist persons (details supplied) with their costs; and if they will be given the maximum support. [14910/05]
Amharc ar fhreagraIt is not clear exactly what costs the Deputy is referring to, but I can only assume they are in respect of representation before the Morris tribunal. If so, the position has been outlined on many occasions to the House. The current legislation, the Tribunal of Inquiry (Evidence) Acts 1921 to 2002, provides that the question of costs is solely a matter for the tribunal. The Acts provide that a tribunal which, having regard to its findings and all other relevant matters, is of opinion that there are sufficient reasons rendering it equitable to do so, can order the whole or part of the costs of representation of a person appearing before it to be paid.
A tribunal, when determining whether costs should be paid, may take into account failure to co-operate or to provide assistance to, or knowingly giving false or misleading information to, the tribunal. This has important practical implications for tribunals generally in their search for the truth. The power to decide on costs is one of the greatest weapons in the armoury of a tribunal to ensure the co-operation and truthfulness of the parties.
As far as the Morris tribunal itself is concerned, it is clear from the Chairman's judgment on applications for costs associated with the first module that he regards co-operation with the tribunal and truthfulness in giving evidence as matters of paramount importance. In deciding on costs he made deductions in some cases and totally rejected other applications where he was of the opinion that persons deliberately lied or otherwise hindered him in his efforts to get to the truth.
It is crucial that this power is available to tribunals and that it is not undermined. To interfere with it, however well-intentioned the motives, would blunt the effectiveness of tribunals in general, and the Morris tribunal in particular, in uncovering the truth and I am not prepared to do that. I have consistently maintained this policy.