Future modules of the Flood tribunal could be heard in private if legislation being proposed by the Minister for Justice, Mr McDowell, goes on the statute books.
The Taoiseach, Mr Ahern, told the Dáil this morning that problems presented by the likely retirement of the chairman of the tribunal, Mr Justice Flood, presents a series of problems which will not be sorted out until after the summer.
Responding to questions from Fine Gael leader, Mr Enda Kenny, about Mr Justice Flood's request to be relieved from duties, the Taoiseach said that in order to avoid legal complications, the thorny issue of costs for witness's legal representation would need to be decided by the tribunal chairman.
But hinting that Mr Justice Flood's request could be accommodated, Mr Ahern said the chairman could deal with the matter in "whatever capacity and we'll make the arrangements for that".
But the Fine Gael leader warned the move could result in the Government being faced with paying the costs of everyone who appeared.
"The Taoiseach must ensure that all possible steps will be taken to see that that those that have failed to co-operate, or obstructed the work of the Tribunal, will not evade their responsibilities in relation to costs at the expense of the Irish taxpayer," Mr Kenny said.
He called for an amendment to tribunals legislation in the event that Mr Justice Flood agrees to rule on the costs while not being chair of tribunal.
Significantly, Mr Ahern said legislation being put forward by Mr McDowell, in relation to future public inquiries, may apply to new modules of the Flood inquiry.
Mr McDowell is proposing that elements of future public inquiries could be held in private in order to obviate legal wrangling, particularly costly and time-consuming challenges that occur when allegations are made against individuals in public.
Some estimates put the final bill for the various tribunals at €500 million and Mr Ahern told the Dáil yesterday the Flood tribunal could take 15 years, with costs reaching €50 million or €60 million.
"While the legislation that Mr McDowell is bringing forward is coming forward anyway - and it was originally intended to deal with other tribunals outside this set of tribunals - perhaps there are modules [of Flood] that could be moved to it [the new inquiry mechanism proposed by Mr McDowell]," Mr Ahern said today.
But Mr Kenny was particularly concerned about the possibility of the devlopment: "Such a move would seriously undermine public confidence in the inquiry and it would be regrettable if the Government were to use its majority in this House to seek to hide from public view matters that are potentially damaging to particular political parties."
However, making particular reference to the testimony of former political lobbyist Mr Frank Dunlop, Mr Ahern said anyone named at the Flood Tribunal to date would have the opportunity to speak in a public forum.
Mr McDowell's proposals are due to come before the Dáil next week and are expected to include a system akin to the current High Court inspector process.
Mr Ahern also told the Dáil this morning that he did not want to release a letter he had sent to Mr Justice Flood becasue it was only received yesterday. But he said there was nothing "that strange about it". It asked "general" questions about the likely duration of the tribunal and its cost, the Taoiseach said.