Flood resignation based on fears of lengthy court challenges over costs

FEARS of lengthy court challenges which would have questioned his integrity and fitness were the main reasons behind Justice Feargus Flood’s shock decision to resign as tribunal chairman.

According to close family sources, the judge did not resign in frustration at the Government’s response to his proposal to continue sitting on the tribunal as an ordinary member.

Instead, he based his decision on the belief that the costs issue was likely to drag on for several years with some parties likely to challenge his integrity, fitness and decision-making.

Yesterday, the Taoiseach denied Justice Flood’s resignation was sparked by the Government’s negative attitude to the tribunal. However, Mr Ahern will come under pressure to explain the Government’s involvement in Justice Flood’s outright resignation in the Dáil today.

Fine Gael leader Enda Kenny last night said the Government’s amendments of the Freedom of Information Act may prevent details about the affair being revealed.

“The changes dramatically widened the records relating to the work of tribunals that could be withheld under the FOI Act,” he said.

Labour leader Pat Rabbitte and Green Party leader Trevor Sargent will also seek clarifications on Justice Flood’s departure.

The judge, who turns 75 next month, is understood to have made the decision to retire after lawyers for Ray Burke warned they would contest any ruling by Mr Justice Flood which failed to pay the former minister's huge legal bills.

Mr Burke, who was judged by Mr Justice Flood to have received a number of corrupt payments in the 1980s, has recently submitted a 10.5m legal bill to the planning inquiry.

However, it is widely believed the Tribunal will order Mr Burke to pay his own costs after Mr Justice Flood decided he had obstructed and hindered its investigation on 14 counts.