The delicate question of what would happen if the sole member of the planning tribunal, Mr Justice Flood, were unable to continue his duties, for whatever reason, has been exercising the minds of the players at Dublin Castle of late. So far, the tribunal has cost more than £10 million and has been in existence for 3 1/2 years. Justice Flood passed his retirement age of 72 last July and is still going strong. Informed sources say the tribunal could have at least another two years to run, but we've heard such under-estimation before.
So what would happen if Mr Justice Flood vacated the chair? Would, horror of horrors, the tribunal have to start all over again? That would mean another six months of James Gogarty, the first witness. He's 85. More Ray Burke, George Redmond, Century and so on. The legal position is unclear. Quidnunc got no definite answer from the Department of the Environment, which pays the bills, the Houses of the Oireachtas, to which the sole member will report, or from the tribunal itself. The Saville Inquiry in Derry has three men sitting, so when one left there was merely a lengthy delay while his replacement read himself up to date.
In a trial, if a judge leaves, proceedings collapse and everything starts again. This naturally is a vista too appalling for the Government to contemplate. Or is it? Might some wish just such an occurrence?
It is understood however the Government's legal eagles have been considering the matter and Quidnunc is assured that "a contingency plan is in place". One suggestion is that tribunal-type investigations should be handled by parliamentary committee in the future, with fewer lawyers, less costs and speedier results, but with the power to subpoena witnesses.