The Taoiseach has raised the possibility of moving parts of the Flood tribunal investigation into corruption in planning to another forum to avoid the possibility of it running for another 15 years.
Responding in the Dáil yesterday to the request from Mr Justice Flood to stand down as chairman of the tribunal, Mr Ahern said it seemed "eminently sensible" to deal with some parts of the investigation in some other system. "I have long held the view, which does not arise from the events of today, that it must be possible to deal with some of these issues individually through judges or by some other means," he said.
The request nine days ago of Mr Justice Flood, 75 next month, to stand down as chairman leaves the Government with a problem as he has yet to determine for which witnesses the tribunal will refuse to pay costs.
He emphasised in his letter to the Attorney General, Mr Rory Brady, that such work would require "significant levels of physical and mental stamina and a capacity to carry out exceptionally demanding work over an extended period".
However, legal practice suggests that the judge presiding over a case will determine costs. This could leave determinations by an alternative judge open to legal challenge on the basis that he or she did not hear the evidence. There is particular interest around the application for costs by former Minister Mr Ray Burke and 14 others said by Mr Justice Flood to have "obstructed and hindered" the tribunal's work.
The Fine Gael leader, Mr Enda Kenny, said last night that "serious legal questions" arose around costs.
In its initial response to Mr Justice Flood, the Government sought clarification on the costs issue and on the timing of his resignation.
The chairman asked in his letter that all necessary steps be taken during the current Dáil session, which finishes tomorrow week. He said he would stay on as an ordinary member of the three-person tribunal.
However, Mr Ahern told the Dáil that the Oireachtas should not rush the matter.
Mr Flood proposed that Judge Alan Mahon, who joined the tribunal last year, replace him as chairman.
Mr Ahern's remarks on the possibility of an alternative system came weeks after the Minister for Justice, Mr McDowell, said future elements of the tribunal could be dealt with in private rather than public hearings.
The Opposition is likely to oppose any attempt to hear in private any contentious evidence from high-profile witnesses such as a former EU Commissioner Mr Pádraig Flynn and a British-based property developer, Mr Tom Gilmartin.
Mr Ahern told the Dáil that the legal costs for the Flood hearings to date were €26 millionand that the costs over another 15 years could reach €50 million or €60 million