The Government has been unable to find two judges willing to join the Flood tribunal, the Attorney General, Mr Michael McDowell, told Opposition leaders yesterday. The failure is a blow to Mr Justice Feargus Flood, who told the Government before the summer that he needed two judges and a substitute to handle the huge amount of outstanding work.
Sources speculated that senior barristers who are not yet on the bench may have to be offered posts if the tribunal is to have any chance of ending in four years' time. A number of judges declined to join the tribunal because of the length of service required. Others were ruled out because they represented people who have come before the tribunal during their time as barristers, while the perceived political leanings of yet others removed them from consideration.
Mr McDowell briefed the Fine Gael leader, Mr Michael Noonan, and the Labour leader, Mr Ruair∅ Quinn, on the difficulties facing the Government. "He did not have any specific proposals to make. He said he was open to suggestions", said a spokesman for Mr Noonan, who last week questioned the delay in dealing with the issue.
Now aged 72, Mr Justice Flood has sat on the tribunal since its inception in November 1997. He had sought help so that he could begin writing his reports on the proceedings of the tribunal so far. He predicted then that the tribunal would last for two more years. Now the prediction is far longer.
A number of candidates, led by the President of the High Court, Mr Justice Frederick Morris, who is due to retire in November, had been widely tipped as new members of the tribunal. Mr Justice Peter Smithwick, the President of the High Court, and a member of the Circuit Court, Mr Justice John Buckley, were also on a list of favourites for a time.
Mr Justice Flood is paid £115,991 annually. Last year, the Oireachtas passed special legislation to give him a full pension - even though he had spent nine, and not 15, years as a judge.
