Chairman warns parties not assured of legal costs

The  Flood tribunal has granted legal representation to 12 parties involved in its investigations into the rezoning of land at Carrickmines, Co Dublin, in the 1990s.

Those who sought representation at a hearing in Dublin yesterday include seven politicians - two of whom are deceased, the applications were made by their families - as well as a number of landowners, architects and other businessmen.

The tribunal is investigating allegations that county councillors were paid money in return for their votes on rezoning motions concerning land owned by Jackson Way Properties in Carrickmines.

The politicians who were granted representation are: Senator Don Lydon, Fianna Fáil; former senator Liam Cosgrave, Fine Gael; former independent councillor Mr John O'Halloran; and Cllr Tony Fox, Fianna Fáil.

The families of deceased councillors Pat Hand, Fine Gael, and Cyril Gallagher, Fianna Fáil, were also granted representation.

Mr Justice Flood refused representation to Cllr Larry Butler, Fianna Fáil, "at this point in time". The chairman said Mr Butler's application was not relevant at this time but he was free to apply again at a later date.

Mr Justice Flood, who was sitting for the first time with two new chairpersons and a reserve, gave representation to all other parties. But this did not mean they would be guaranteed their legal costs, he warned.

Jackson Way, which owns the 106 acres at Carrickmines, was granted representation, as was the solicitor Mr John Caldwell, who was described by Mr Ian Finlay SC as "one of the ultimate beneficial owners" of the company.

Mr Frank Dunlop, the lobbyist and former government press secretary who says he paid money to councillors to rezone the land, was also granted representation, as was his company, Frank Dunlop & Associates. However, an application in the name of another of Mr Dunlop's companies, Shefran Ltd, was deferred until his solicitor provides the tribunal with written reasons for the application.

Mr Colm Allen SC, for Mr Dunlop, said it was "not an exaggeration" to say that Mr Dunlop would have a "significant role" in the evidence to be heard.

The owners of about 20 acres adjoining the Jackson Way land, which was the subject of a separate rezoning attempt, also sought representation. These are the architect Mr Brian O'Halloran, and businessmen Prof Austin Darragh and Mr Gerard Kilcoyne

Mr George Bermingham SC, for the three landowners, said his clients were anxious to assist and co-operate with the tribunal.

The other parties granted representation were an architect who prepared maps of the Carrickmines site, Mr Brian O'Flanagan, and a town planner, Mr Brian Meehan.

Although all parties applying for representation were asked to give their address, none did so. A number of other lawyers attended, apparently on a watching brief, but did not apply for representation.

At the start of the tribunal's first public hearing in Dublin Castle in a year, Mr Justice Flood said it was a great pleasure to welcome the new chairpersons, Judges Alan Mahon, Mary Faherty and Gerald Keys (reserve). "I hope I can look forward to a long, pleasant and fruitful relationship."

Full hearings into the "Carrickmines I" module will begin on or after November 19th, he said.