Mahon tribunal plays down report of rift over recall of barristers

THE MAHON tribunal has moved to quell suggestions of a rift between it and the Government over the recall of barristers who concluded their work when the tribunal completed its public hearings last October.

Speaking yesterday, planning tribunal registrar Peter Kavanagh said “there is no confrontation between the tribunal and the department or the Government, as has been suggested in recent reports”.

He said there had been no request to the Government to recall some of its formerly retained counsel.

Tribunal senior counsel Des O’Neill, Patricia Dillon and Henry Murphy, as well as junior counsel Cathal Murphy, concluded their work with the tribunal in October 2008 when the public hearings were completed. Pat Quinn SC was retained along with junior counsel Annette Foley, Sarah Maguire and Eunice O’Raw.

In a statement posted on the tribunal’s website yesterday, the tribunal said in mid-2008 the Government was informed three of the tribunal’s senior legal team would return to private practice in October and November 2008.

The three agreed to a request to return on an occasional basis if requested, the statement said.

“To date, one senior counsel has returned for a total of 3½ days and the junior counsel has returned for a total of five days.”

The statement said neither counsel were recalled to assist in the writing of the final report.

“No further recall of counsel is currently anticipated by the tribunal at this time.”

Recalls would only occur where absolutely necessary, it said, and would be notified to the Department of the Environment.

A department spokesman said the Mahon tribunal had signalled it would need to recall legal counsel, and the department had written asking it to explain why it needed the counsel to return.