Ahern defends McDowell’s tribunal role

THE Taoiseach has utterly denied there is any reason why Minister for Justice Michael McDowell cannot draw up legislation allowing legal costs at the Flood Tribunal be decided by the new chairman.

Minister McDowell's past tribunal work for Cork property developer Owen O'Callaghan does not compromise his ability to handle the drafting of the amending legislation, according to Mr Ahern.

The issue arose as a result of Justice Feargus Flood's retirement and replacement by Judge Alan Mahon as chairman of the Planning Tribunal before the costs issue was decided.

In response to a letter from Fine Gael leader Enda Kenny, it is understood Mr Ahern said there was no impediment to the Minister dealing with the issue due to his previous involvement.

The Taoiseach is also believed to have stressed that Mr McDowell's tribunal work was well known, reported in the media and debated publicly.

According to informed sources, any fees due to Mr McDowell were already paid, so the Minister has no personal interest in the costs issue or future rulings of the tribunal.

Mr O'Callaghan has not claimed any costs from the tribunal.

Last night, Minister McDowell's spokesman said there was no conflict, as the Minister was merely drafting legislation to be passed by the Oireachtas and was not making a decision on whether costs were awarded.

Fine Gael leader Enda Kenny raised concerns in the Dáil last week about Minister McDowell drawing up the relevant legislation.

"Is the Taoiseach perfectly happy that there is no impediment preventing the Minister for Justice, Equality and Law Reform bringing forward these proposals?" he said.

Later that day, Mr Kenny wrote to Mr Ahern asking him to verify if there was a problem.

During the next day's debate on the appointment of Judge Mahon, FG environment spokesman Bernard Allen repeated the question and said Mr Kenny had written to Mr Ahern.

The allegations of serious wrongdoing made against Mr O'Callaghan's Quarryvale commercial property project in west Co Dublin are among several high-profile issues the tribunal has yet to address. The scheme was built by Mr O'Callaghan, who has denied involvement in any impropriety.

Allegations made by the original promoter of the scheme, Luton developer Tom Gilmartin, affect a number of leading political figures such as former Minister for the Environment Padraig Flynn who held senior positions in Fianna Fáil governments.