McDowell paves way for Mahon costs ruling

The chairman of the Planning Tribunal, Judge Alan Mahon, will be given the power to set costs for hearings at which he was not…

The chairman of the Planning Tribunal, Judge Alan Mahon, will be given the power to set costs for hearings at which he was not present under the terms of new legislation proposed by the Minster for Justice, Mr McDowell, today.

The new Amendment Bill published today will also allow for separate hearings to be conducted by one of the panel of judges chaired by Judge Mahon, who succeeded Mr Justice Fergus Flood following his retirement last June.

Mr Justice Flood retired without ruling on costs for some witnesses' legal representation during modules he chaired.

Under the current Tribunals of Inquiry Act, only Mr Justice Flood has the power to set costs for the modules he chaired. The amendment proposed by Mr McDowell today will allow Judge Mahon decide the matter.

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In a press statement, Mr McDowell said the Bill was an "urgent response to an unforseen situation that had arisen".

The Minister is hoping for the co-operation of Opposition parties to get the amendment though the Oireachtas before the Christmas recess.

Mr McDowell also took the opportunity to attempt to speed up the tribunal's work by allowing it hold parallel hearings on separate issues chaired by one the panel judges headed by Judge Mahon. The legislation applies to all tribunals.