Bill to allow Moriarty tribunal to award costs

The Government is to introduce a Bill before Christmas to enable the Moriarty tribunal to award costs against any person appearing before it if it is deemed equitable to do so. The Cabinet decided yesterday to adopt the terms of a private member's Bill to this effect, which was published by the Labour leader, Mr Ruairi Quinn, last week.

The Bill, entitled the Tribunals of Inquiry (Evidence) (Amendment) Bill, 1997, will amend the existing legislation under which tribunals are established to enable the chairman to make an order directing that "the whole or part of the costs of any person appearing before the tribunal by counsel or solicitor, as taxed by a Taxing Master of the High Court, shall be paid to the person by any other named in the order" and that these costs shall be paid to the Minister for Finance.

A Government spokesman said it was intended to have the Bill enacted before the Moriarty tribunal, which is investigating any further payments to Mr Charles Haughey or Mr Michael Lowry, makes its findings. Some minor amendments may be made to Mr Quinn's draft.

The necessity for such an amendment arose following the McCracken tribunal when Mr Haughey, in the opinion of the Attorney General, could not be called to account for costs caused by his non-co-operation with the tribunal. Such a provision was not provided for in the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979.

The awarding of costs, if appropriate, forms part of the terms of reference of the Moriarty tribunal.