Tribunal costs - Suspicion over timing of remarks

There is widespread concern over the legal fees at tribunals, which are a scandal in their own right.

At the rate things have been going, we could end up with a tribunal to inquire into the scandal of the tribunal rip-offs. In many instances tribunal costs have been much worse than the scandals that they have been investigating.

In 2005, Tánaiste Michael McDowell questioned whether the tribunals were worth continuing because of the cost. A bill to tackle the problem was published in November 2005, but 15 months have passed and it has yet to get its first reading in the Oireachtas.

In 2004, then Finance Minister Charlie McGreevy introduced a new fee structure scaling down fees from €2,500 a day to €900 a day if the tribunals had not completed their work by set dates, but the Government quietly backed off. The Morris and Moriarty tribunals have already been granted extensions of the existing fees for their duration.

The timing of the Tánaiste’s remarks intimating the possible wind up of the Mahon Tribunal has given rise to serious concern, because the Quarryvale module — in which the Taoiseach is due is testify — is supposed to begin in a few weeks. As this could be very embarrassing for Fianna Fáil, there is a deep suspicion on the opposition side of the Dáil about the real reason for bringing up the issue at this time.

Mr McDowell had hardly raised the matter when the Taoiseach appeared to shoot down any suggestion of winding up the Mahon Tribunal.

“I would be the last person in the world that would want to see them frustrated particularly the aspect to do with my party,” Mr Ahern said. “I don’t think we’re going to see them winding up. I’m certainly not going to interfere.”

The Taoiseach stated yesterday that 12,000 discovery orders have cost a total of €400 million at the Mahon Tribunal, which amounts to €33,333 per discovery. He added that there has also been €100m in third party costs, and a further €100m in other legal fees, with the result that the costs have already run over €600m.

The whole thing seemed almost orchestrated as Mr Ahern gave the figures of what is turning out to be the mother of all cost overruns.

Projecting the ultimate cost at €1 billion was beginning to look like a conservative figure in the circumstances, but Mr Justice Alan Mahon threw a spanner in the spokes of that wheel yesterday when he said that the cost could be kept to €300m and even lower if those found not to have co-operated had to pay their own costs.

Moreover, he added that the tribunal’s work could be completed early next year, and he had informed Environment Minister Dick Roche of this time-scale two weeks ago.

Was this whole issue raised as part of a secret agenda to try to delay the Quarryvale hearings until after the election? The Tánaiste has already demonstrated that he is master of the political stunt.

Many pundits were writing off the Progressive Democrats before the last general, until Mr McDowell rescued the party by suggesting that he and his colleagues were needed to keep Fianna Fáil honest.

Was he hoping to shut down the tribunals or was he just winding up the Dáil and the electorate?