The Supreme Court has reserved judgment on an appeal by the Flood tribunal against the successful challenge by Fianna Fail TD Mr Liam Lawlor to orders made by the tribunal directing him to attend before its lawyers and answer questions and to provide certain details of his business interests.
In the High Court earlier this month, Mr Justice Kearns granted Mr Lawlor's application to quash two orders directing him to appear before tribunal lawyers in private session and answer questions and to swear an affidavit detailing any companies in which he had an interest between 1987 and 1994.
He upheld Mr Lawlor's submission that while a section of the 1979 Tribunals of Inquiry (Evidence) (Amendment) Act should be construed as entitling a tribunal to make such orders as it considers necessary, a tribunal only had the powers of the High Court, and no greater powers, in making such orders.
He found the High Court could not make the orders complained of by Mr Lawlor.
Lawyers for the tribunal appealed that finding to the Supreme Court. They claim the 1979 Act permits the making of such orders and that the legislature in unambiguous language gave a discretionary power to tribunals to make orders which tribunals themselves considered necessary for their functions.
Counsel for Mr Lawlor asked the Supreme Court to dismiss the appeal. The two-day hearing concluded yesterday and judgment was reserved.