Burke wants taxpayer to pay 10.5m tribunal bill

DISGRACED former Fianna Fáil minister Ray Burke wants the taxpayer to pay his €10.5 million legal bill from the Flood Tribunal - despite the fact he obstructed the work of the inquiry.

The €21.5m legal bills being claimed by witnesses and others who participated in the inquiry will bring the cost of the planning tribunal to almost €60m.

But the allegations of planning corruption continue to come into the inquiry’s office in Dublin Castle, meaning the final cost is incalculable.

The Government is to change the law governing the tribunal to allow the new chairman to decide on who should have costs paid by the State, following Justice Feargus Flood’s resignation yesterday.

But it is expected the authority of new chairman Judge Alan Mahon, who joined the tribunal last year, to deal with the costs issues will be challenged in the courts if he forces people to pay their own legal fees.

Just one of six people who hindered the work of the tribunal now claiming costs, Mr Burke’s legal bill accounts for more than half of the €21.5m being claimed.

This figure does not include VAT, nor the legal bill of JMSE, owned by Joseph Murphy Jnr and the late Joseph Murphy Snr, and Bovale Developments, owned by Michael and Tom Bailey, which legal experts estimate could reach 5m each.

The tribunal has cost the taxpayer €26m to date. Including legal bills, that is heading towards at least €60m, but any costs awarded could be reduced by the Taxing Master.

The Revenue Commissioners and Criminal Assets Bureau have brought in €34.5m arising from evidence coming before Justice Flood and the taxman has 80 investigations underway from all the tribunals.

The section on planning corruption in Dublin will last until 2006, with a report some time after that.

According to tribunal registrar Peter Kavanagh, it continues to receive complaints of alleged corrupt practices in the planning process. This confirms the Taoiseach’s view the tribunal could last another 15 years.

After six years heading up the tribunal, Justice Flood resigned yesterday, just a fortnight ahead of his 75th birthday. He wanted to stay on as a regular member of the tribunal but the Government felt this could cause legal problems if he was to contribute to future reports, having absented himself from dealing with the issue of costs.

The Taoiseach said Justice Flood’s resignation would not prevent the costs issue being dealt with after the enactment of new legislation in October.