Taoiseach faces Dail questions over Flood retirement

The Government faces further questions in the Dáil today about the retirement of Mr Justice Flood from the Flood tribunal.

The Government faces further questions in the Dáil today about the retirement of Mr Justice Flood from the Flood tribunal.

With the Cabinet preparing this morning to discuss a plan to set up new commissions of investigation, the Opposition is expected to press the Taoiseach, Mr Ahern, on the exact circumstances of Mr Justice Flood's departure from the tribunal last Friday.

In particular, the Opposition will question why Mr Justice Flood retired only days after indicating a willingness to remain as an ordinary member of the tribunal.

They will also ask about the legislation required to enable the new chairman of the inquiry, Judge Alan Mahon, to determine for whom the tribunal will pay legal costs.

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The Minister for Justice, Mr McDowell, is not expected to introduce such legislation until the autumn.

On Thursday, the Minister of the Environment, Mr Cullen, will ask the Oireachtas to ratify the appointment of Judge Mahon as chairman and to appoint the reserve member, Judge Gerald Keys, as a full-time member of the tribunal.

The Fine Gael leader, Mr Enda Kenny, said the discussions and correspondence that led to the resignation of Mr Justice Flood should be made public.

He added, however, that the Government's curtailment of the Freedom of Information Act earlier this year meant the Act could not be used to access such information.

The leader of the Greens, Mr Trevor Sargent, said it was obvious that Mr Justice Flood had been "frustrated" by witnesses and by the Government, which was reluctant to increase resources to the investigation. "The Taoiseach has to explain fully how it is that Mr Justice Flood resigned in such a hurry," said Mr Sargent.

If the plan to create a new system of investigations is sanctioned by the Government, the Commissions of Investigation Bill will be published tomorrow. It is likely to be used in the first instance to investigate allegations of the clerical abuse of children in Dublin.

While such commissions may hear aspects of the Flood planning corruption inquiry in the future, the Government has said that hearings already started by the tribunal will be completed by it.

A spokesman for the Minister for Justice said the heads of a Bill to reform the Garda would be published this month.

He said the plan would include the creation of an independent three-person inspectorate to investigate complaints against gardaí. The Garda Commissioner will also become accounting officer for the force under the plan.

Referring to the Bill to reform the Garda, the spokesman said: "It's as good as ready. It will be presented to the Cabinet in a number of weeks."

It is likely to be presented to Ministers in a fortnight.

However, the Labour justice spokesman, Mr Joe Costello, accused the Government of making the same announcement on a number of occasions without publishing legislation.

"Neither the record of the Minister for Justice since taking office nor of his Department indicates that there is the sort of commitment required to deliver the radical reform that the force actually needs," he said.

The aim of the Commissions of Investigation Bill is to set up on a statutory basis an alternative to the tribunals of inquiry. They will hear evidence in private, probably availing of non-legal expertise where required, but the reports of such investigations will be published.

With the current €25 million legal bill of the Flood tribunal excluding costs to be claimed by some of the major witnesses, the object of the commissions of investigation is to provide a more cost-effective and speedy response to matters requiring investigation.

While such commissions will encourage voluntary co-operation, they will have what are described as "extensive powers" to compel witnesses to co-operate.