There were Opposition demands yesterday for an end to the Attorney General setting fees for barristers in tribunals of inquiry.
The Taoiseach, Mr Ahern, said the rate was €1,700 a day. The issue was raised when Mr Ahern revealed the projected cost of the Moriarty tribunal this year was €6.3 million.
He added that parties granted representation before the McCracken tribunal had not yet claimed €1.27 million in costs.
The Labour leader, Mr Ruairí Quinn, suggested that if those involved did not want the money, the Department did not have to pay it. Mr Ahern replied that two remaining parties had not indicated they did not want the money.
"They were granted representation, so they are legally entitled to make a claim." Pressed further by Mr Quinn, the Taoiseach said his Department thought it was likely that the costs would be sought. Mr Joe Higgins (Socialist Party, Dublin West) asked Mr Ahern to confirm that sections of the legal profession could nominate any fees they wished and that neither he nor his Department had opposed that.
"What has the Taoiseach to say about the apparent possibility for sections of the legal profession to name any amount they wish and to get it without any objection ?
Does he think this is a rip-off of the taxpayer who funds these inquiries ?"
Mr Ahern said there were strict Department of Finance guidelines which the Attorney General followed. "It is not the case that anyone can get anything. There is a procedure for certifying counsel fees. An invoice would first have to be cleared by the eminent judge of the relevant tribunal. "One cannot lodge any claim willy-nilly as there are strict guidelines. On the other hand, if counsels wish to improve their positions, there is a process whereby they have to put their case in train for increased fees."
Mr Quinn, said that as a former Minister for Finance, Mr Ahern should share his view that, in effect, the Attorney General came into the Minister's office and said what the amount in fees was.
He added that in the light of the fortunes which had been made recently, tendering procedures relating to the hiring of consultants should also apply to legal fees.
Mr Ahern said there was some truth in Mr Quinn's comments.
"There is no negotiation, but that is because the market can pay a higher rate than Departments.
"The situation has not changed in the 15 years I have been observing it. There is a rate set by the Department of Finance which has to be followed."
