The chairman of the Planning Tribunal, Mr Justice Fergus Flood, has confirmed he will be unable to meet the deadline of December 31st for the presentation of his report.
In a letter to the Clerk of the Dail, Mr Kieran Coughlan, the judge also said the appointment of a legal team to the tribunal has not been "the principal reason" for the delay. Government sources said earlier this week that a dispute over fees was preventing the appointment of a legal team to the tribunal and a spokesman last night confirmed that the Minister for Finance and the Attorney General were "trying to work out an arrangement on fees".
In his letter to Mr Coughlan on Wednesday, the tribunal chairman asked him to advise the Dail and Seanad that, in the present circumstances, he would be unable to provide a further interim report before February 26th next.
The tribunal had not yet sat and its work had not begun. Facilities and personnel were at present being provided and recruited, the judge said.
Since it had not sat in public to decide representation for "appropriately interested parties", nobody had been yet represented before the tribunal.
"I am unable to express a view as to the likely duration of the tribunal proceedings," he said.
Under the terms of reference, the sole member of the tribunal is asked to report on an interim basis to the Dail Clerk "not later than one month from the date of establishment of the tribunal or the 10th day of any oral hearing, whichever shall first occur".
Mr Justice Flood said he was unable to express a view as to the likely duration of the tribunal proceedings. He was conscious of the requirement to urgently inquire into, and report upon, the planning matters.
He was satisfied that, "having regard to the significant factual and legal complexity of the matters to be inquired into, and the comprehensive nature of the investigative work to be undertaken", it would not be possible to complete the business within the proposed time scale.
"I have made request for specific facilities and personnel appropriate to the complex and specialised nature of the inquiries to be undertaken. I am satisfied that having regard to the importance and urgency of the subjectmatter of this tribunal, that the personnel employed must be persons possessing the appropriate specialist expertise if the requirement of economy and expedition is to be satisfied", he said.