Government may close down or reform tribunals

Senior Government and legal figures have begun exploring ways of closing down or reforming the tribunals currently under way because of rapidly mounting costs, writes Paul Cullen

With reliable estimates putting the final bill for the various tribunals of inquiry at over €500 million, preliminary moves are afoot to end the current model of investigation in public.

"The intention is to pull the shutters down by next year," one well-placed source told The Irish Times. "This madness can't go on, we just can't afford it."

Discussions are "ongoing" about the future of the tribunals, a senior legal source confirmed. "There's a certain amount of dissatisfaction about how they're going, but the question is whether to stop them in midstream."

The move is likely to be enormously contentious. Any change in the terms of reference of a tribunal would require a Dáil resolution, and is certain to be contested by the Opposition.

Last February, the Minister for Justice, Mr McDowell, admitted that "all hell would break loose" if the Government were to try to curtail the inquiries. Once the ball was rolling for the tribunals, it was "almost impossible" to stop, he said.

However, the size of individual legal bills presented to the Flood tribunal in recent months has set alarm bells ringing in the Department of Finance, prompting a rethink of earlier reluctance to interfere with the tribunal process.

A number of parties represented at the tribunal are seeking fees of over €5 million, and at least one bill is believed to exceed €15 million.

The Department of Finance is already contesting a €17 million bill submitted by one legal team representing haemophiliacs at the Lindsay tribunal.

The potential length of some inquiries is also causing concern.

At current rates of progress, Flood could last another 15 or 20 years. There is no immediate end in sight to the Moriarty tribunal's inquiries. And the Laffoy Commission, which has been bogged down in disputes and litigation, is expected to last years.

While no formal plans have been drawn up, it is thought some of the smaller tribunals may be allowed run their course, while others would be truncated. Remaining areas of investigation would then be dealt with in private.

Mr McDowell has already proposed a cheaper mechanism for investigating matters of public importance, more akin to the High Court inspector process than a tribunal of inquiry. The Commission of Investigation Bill is due to be published before the summer recess.

His spokeswoman said last night that existing tribunals would continue unaffected by this proposal, which could act as a precursor or as an alternative to tribunals.

Mr McDowell has openly criticised the level of fees paid to lawyers working for the tribunal and the effects of tribunal publicity on the reputations of witnesses.

Although some tribunals hope to recoup a proportion of their costs from unco-operative witnesses, Mr Justice Flood's plans to do this have already run into difficulties.

Lawyers for the Murphy group and other witnesses have submitted a strongly worded denunciation of the tribunal's attempt to shift the burden of costs to their clients.

Mr Justice Flood has also become embroiled in a dispute with Mr Ray Burke's legal team over whether the tribunal agreed several years ago to cover the former minister's costs.

Any attempt to impose costs amounting to millions of euro on witnesses is likely to end up in the High Court.

There were 10 public inquiries sitting last year, costing an estimated €60 million.

Lawyers for the tribunals earn up to €2,500 a day, regardless of how long the inquiries sit.