Tribunals of inquiry are worth the expense and time involved because the public can now have greater confidence that public life is being conducted in a more honest manner, former chairman of the planning tribunal, former High Court judge Mr Fergus Flood has said. Conor Lally reports.
He added that while the tribunals had proven to be a much lengthier process than anyone had envisaged, it was vital that individuals against whom allegations were made were given a full opportunity to defend themselves and that the tribunals were able to investigate fully.
"The tribunals of inquiry into matters of public concern were completely warranted," he told delegates at the Coroners' Society of Ireland's annual conference in Dublin Castle on Saturday.
"The inquiries which have been carried out by tribunals have established that the public had grounds for concern as to the manner in which public representatives and public officials were conducting themselves. The very existence of the tribunals has considerably allayed public anxiety as to the manner in which public affairs are conducted and will be conducted in the future," Mr Flood said.
"The validity of the ultimate finding of the tribunal depends upon the strict observance of... principles of fairness. Undoubtedly they are time-consuming and expensive but they are vital to the validity of the findings of any tribunal."
The reality of any tribunal of inquiry is that its "fundamental purpose is to ventilate public concern" and to establish the essential facts of the events into which it is inquiring. "Once it has done that, and provided that it has acted in accordance with the said very strict principles of fair procedures, it has discharged its functions in full," Mr Flood said
The passage of the Prevention of Corruption Act, 2001, and other similar statutes would have a substantial effect on "the appetite of anyone to engage in corrupt practices".
Mr Flood said he initially believed he would preside over the planning tribunal for around six to eight months. He stepped down last year after seven years and the current chairman, Judge Alan Mahon, has indicated the tribunal is likely to run until 2010.
Mr Flood said he did not believe the current tribunals could be streamlined, however. "There were a million documents filed on computer when I left the tribunal, that is an indication of the amount of work involved," he told The Irish Times.
"We're trying to function fairly. The fact that somebody alleges you are the greatest crook to hit town doesn't mean that I can yap that across the lights. I must check and counter check if there is any possible foundation. That is what causes the delay. Let me assure you that the staff in the tribunal work mainly from 8.30 a.m. until 6 p.m. five days a week.
"That's why when the presiding officer comes to make his mind up he can be reasonably satisfied that he's getting [the truth\], on the balance of probabilities. Things have been investigated, tested in evidence and backed by documents."
He refused to say whether he believed fees being earned by some barristers and solicitors at the tribunals were excessive. However, he said the fees earned by the tribunal's own staff were justified.
"I can simply say my own staff were first class and did a great bloody job. They are classically good. The whole cross examination produced by the staff was first class. They will earn that kind of money by virtue of their ability. I can stand over my staff and say they were superb, I can't talk about anyone else."