McDowell to consider alternatives to tribunals

CHEAPER and speedier alternatives to costly tribunals are to be established to investigate issues of major public interest, it emerged last night.

Justice Minister Michael McDowell said these new inquiries, which will rely less on the legal profession, will be used to investigate issues such as clerical abuse in Dublin.

However, most of the proceedings of the inquiries will take place in private and there is no guarantee their findings will ever be published.

The minister said they may act as alternatives to tribunals of inquiry or be used as part of an information-gathering exercise before a fully-fledged tribunal is established.

The measures were welcomed by the Law Society.

DG Ken Murphy said: “If this works it will be in everybody’s interest.”

He said tribunals had been a disaster for the profession as they had benefited a few individuals but tarnished the reputation of many.

Victims’ groups also supported the new investigation plans. Colm O’Gorman of the abuse support group One In Four said there was a strong need for a highly adaptive form of inquiry which could expand its scope beyond clerical abuse.

The Cabinet yesterday agreed to the broadly to the inquiries which will be required to establish facts surrounding an issue, while also considering the cost and duration of the investigation.

They will have considerable powers and it is planned they will be able to:

Compel witnesses to attend.

Require them, under oath, to answer questions.

Cross-examination of witnesses

Have full access to documents, powers of entry and search, as well as powers to seize documents

Make determinations where issues of confidentiality and privilege arise.

Mr McDowell said yesterday this less adversarial approach would be especially suited to matters of a very personal nature and where there are large numbers of witnesses.

He said the resulting reports would normally be published, although the legislation would contain provisions to protect the identity of witnesses.

The cost of tribunals of inquiries has long been a controversial issue, with the Flood and Moriarty Tribunals in particular clocking up huge legal fees.