Moriarty Tribunal and Commissions of Investigation cost State €83m so far

The cost of the Commissions of Investigation into the IBRC have ballooned from an original estimate of €4m to €11,870,593 at present

Denis O'Brien in 2001 outside the Moriarty Tribunal in Dublin Castle where he gave evidence. File photo: RollingNews.ie

The State has so far paid €83.2 million on funding the Moriarty Tribunal and the two Commissions of Investigation into the IBRC and Nama’s Northern loan book sale, newly released figures show.

The figures published today by the Government show that so far the Moriarty Tribunal into planning matters which led to the final report in 2011 has so far cost €66,934,220.

According to the documents released, following the report’s publication in 2011 a number of significant legal challenges resulted in “considerable delays” to the completion of the calculation of third-party legal costs.

All orders for third-party costs have now been finalised and forwarded to the applicants concerned, the report details. The Tribunal has been receiving bills of costs in relation to these orders.

The legal costs unit at the State Claims Agency assesses such bills as they are received and the Tribunal continues to assist the SCA in the determination of such claims.

The Government has said it will not be possible to ascertain the final costs of the Tribunal until all third-party costs have either been adjudicated upon or settled.

“It is not possible to predict the timing of settlement or the level of such costs at any particular time. The Tribunal is now engaged in the wind down and deconstruction procedure,” the documents state.

Commissions of Investigation

In relation to the IBRC Commission of Investigation, the documents show how the running costs have ballooned from an original estimate of €4 million to €11,870,593 at present and warn they could top €30 million on completion.

The estimated salary costs, legal fees and administrative costs for the commission in 2015 was €4 million. It was also indicated at the time that third-party costs might arise and guidelines concerning such costs would be prepared.

An estimate of between €12 million and €14 million was the commission’s most recent estimate of costs which was contained in the seventh interim report in 2020. This estimate was based on the conclusion that the commission would be completed by the end of 2020 and excluded any delays or costs associated with prolonged hearings.

The documents state that the Department of An Taoiseach has given its view on many occasions that the final cost is likely to significantly exceed the commission’s own estimate. Completion of the commission’s investigation “is taking longer than was expected”.

As a result, a bespoke piece of legislation was enacted to change the legal basis of the commission.

The documents also state that the cost of the Commission of Investigation into Nama’s sale of its Northern Ireland loan book has to date cost €4,371,331.

The original estimate of costs was €10 million and the published documents state that the expenditure to date incurred by the commission suggests that total costs are “not likely” to exceed the original estimate.