THE MORIARTY tribunal had so far cost the State €40.8 million, Taoiseach Brian Cowen said.

He said the overall cost of the tribunal could not be estimated with any accuracy until Mr Justice Moriarty had addressed third-party costs.

“The tribunal secretariat has, on many occasions over the years, told my department that any attempt by the tribunal to quantify third-party costs would lead to conclusions being drawn and suppositions being made which could infringe on the rights of witnesses and impinge on the independence of the tribunal,” said Mr Cowen.

He said fees for the tribunal’s legal team were reduced by 8 per cent from March last year, and were further reduced by 15 per cent except for one lower level fee, which was reduced by 6.5 per cent.

“It is true that claims have been made for large numbers of days, but it should be noted that all claims for fees for a tribunal’s legal team are certified, both by the tribunal’s registrar and by the sole member, before being sent to my department for processing,” Mr Cowen added. “For the most part, these claims related to expenses incurred several years ago.”

There was no doubt, he said, that tribunals were an expensive way of carrying out investigations, which was why the Government had introduced legislation dealing with the issue.

The tribunal, he said, had published the first part of its report and Mr Justice Moriarty had noted there were circumstances outside its control, such as legal challenges which had delayed its work.

Sinn Féin’s Caoimhghín Ó Caoláin challenged Mr Cowen to identify barristers who had “threatened to walk” because of reduced fees.

Mr Cowen said he did not have any knowledge of anyone not prepared to serve on the basis of the remuneration offered, nor did he have correspondence on that.