Mahon asked to justify recall of barristers

THE DEPARTMENT of the Environment has challenged the Mahon Tribunal’s request to recall senior barristers who concluded their work when the tribunal completed its public hearings last October.

The tribunal wrote to the department in January requesting permission to recall some of its senior barristers to help finish work on its report.

The tribunal, which completed its public hearings into corruption in the planning process last October, was told last July the Government would provide no funding to pay lawyers or other staff after its public hearings had come to an end.

Minister for Finance Brian Lenihan had said all tribunals would be expected to complete their reports “in the light of the facts and legal arguments or advice presented during the public hearings”.

The Minister had said he would only allocate funds in the 2009 Estimates for third-party costs, the printing costs of the completed reports, and for the minimum amount required for any procedures to determine third party cost. But tribunal chairman Judge Alan Mahon has insisted he needs the services of some of his senior barristers to help complete his report.

The department has responded by asking Judge Mahon to justify his request. A spokesman for the department said they were seeking clarification on which of the counsel the judge wanted to recall, why he felt it necessary and how long it would take.

The Mahon tribunal has not yet responded to the request for further information.

Chaired by Judge Mahon and with members Judge Mary Faherty and Judge Gerald Keys, the tribunal at one time had 50 staff, including 21 legal staff. Its senior counsel earned €2,250 a day and junior counsel earned €1,500. Some 400 witnesses gave evidence in the enquiry.

In a report last month, the comptroller and auditor general, John Buckley, estimated the tribunal, which was established in 1997, would cost €194 million.