A Dublin builder had been pilloried in the public press and bitterly resented having to apply to the tribunal for legal representation, his counsel told the chairman, Mr Justice Flood.
Mr Michael Bailey of Bovale Developments had become "a figure of public notoriety" in relation to lands in north Co Dublin although no allegations of wrongdoing had been made against him or his company, said Mr Colm Allen SC.
Applying for representation on behalf of both Mr Bailey and the company, Mr Allen said the Dail had decided that the tribunal should carry out certain inquiries in relation to his clients.
"The Dail has done that in circumstances where there has been no allegation whatever of wrongdoing of any kind made against Mr Bailey or the company."
The decision to seek representation had been forced upon Mr Bailey and the company by a resolution of Dail Eireann. This was notwithstanding the fact that no inquiry of any kind had been directed to Mr Bailey by any regulatory authority regarding the lands which were the subject of the tribunal's investigations.
"Mr Bailey has become a figure of public notoriety and finds himself in a situation where he requires representation to vindicate his position," he said.
In fairness to his client he was in a unique situation, Mr Allen continued. The chairman interrupted to say that on this occasion he was hearing applications for representation only.
Mr Allen said there was one other matter which should be drawn to the tribunal's attention. The main matter which, his clients understood, had led to the Dail resolution setting up the tribunal was a letter of June 8th, 1989, from Mr Bailey to Mr James Gogarty, setting out proposals for the purchase of lands known as the "Murphy lands".
Counsel for the tribunal, Mr John Gallagher SC, intervened to say the applications being dealt with were in relation to representation. The matters which Mr Allen was concerned with were for another day.
The chairman said he had tried with "delicacy and diplomacy" to indicate that he only required applications for representation. "I don't require the entire history of the entire tribunal."
Mr Allen said he wanted to raise matters which should be brought to the chairman's attention and put into the public domain at the earliest opportunity. His clients had been "pilloried in the public press over a period of months".
The chairman said the fact that Mr Allen's clients had been named was not indicative of any wrongdoing unless and until the tribunal showed otherwise. He assumed the tribunal would have the co-operation of his clients.
Mr Allen said his clients had received only one communication from the tribunal, which had sought a history in relation to the lands in question, which had been furnished immediately.
This was reflective of the manner in which his clients would co-operate with the tribunal. They bitterly resented the fact that they had been left with no option. However, they would co-operate fully, particularly with regard to vindicating their good name as speedily as possible.