Tribunal heads lack administrative experience - McGuinness

PUBLIC ACCOUNTS COMMITTEE:ONE OF the problems with the tribunals of inquiry was that those charged with running them had no experience of administration, according to the President of the Law Reform Commission.

Mrs Justice Catherine McGuinness was addressing the Public Accounts Committee yesterday, which was discussing the Comptroller and Auditor General’s report on tribunals of inquiry.

Mrs Justice McGuinness pointed out that the commission had published a report on tribunals of inquiry in 2005, which contained 58 recommendations and a draft Tribunal of Inquiries Bill, which formed the basis for the Bill currently before the Oireachtas.

Among its recommendations were the need for early project management of the process, including the drafting of the terms of reference and the management of financial costs, with flexible arrangements on personnel selection and fee arrangements. This would include the combination of a fee structure, a tendering structure and consideration of whether non-lawyers should be engaged.

It also recommended a central inquiries office to publish booklets outlining key administrative and procedural guidance, she said.

The commission also recommended that the department with responsibility for a tribunal should set a broad budget figure at the outset, she said.

Referring to the need for firm administrative controls, Mrs Justice McGuinness said that had she not had the administrative support of the South Eastern Health Board when she led the Kilkenny Incest Inquiry, which lasted a year, it would not have run so well.

Declan Purcell, of the Competition Authority, said that it had published proposals to reform the legal profession over three years ago, which would have reduced costs. Of the 29 proposals, about half were addressed to the professional bodies, most of which had been implemented, and half to the Minister for Justice, Equality and Law Reform, of which only one had been implemented.

He said the key necessary reform was the separation of the regulatory and representative functions of the Law Society and the Bar Council. Costs would be reduced by the State tendering for certain legal work, like tribunals or cases expected to run for a long time. This would obviously not be suitable for urgent cases, he said.

Asked about the advice from the Attorney General’s office that an overpayment of €1 million to tribunal lawyers could not be undone, director general Liam O’Daly said he could not discuss advice from the Attorney General to the Government, only the administration of the office.

Dermot Quigley, of the Department of Finance, referred committee members to a Dáil statement by the Taoiseach, where he said that due to the complexity, sensitivity and need for continuity the department decided to maintain the payment at €2,500 a day. Committee chairman Bernard Allen said it would consider the evidence heard and decide whether to call back representatives of the Department of the Taoiseach.