Flood to step down as chair of tribunal

Mr Justice Feargus Flood has indicated to the Department of the Environment that he will step down shortly as chairman of the…

Mr Justice Feargus Flood has indicated to the Department of the Environment that he will step down shortly as chairman of the tribunal of inquiry which has been investigating corruption in planning.

Following 5½ years and 390 days of evidence, Mr Justice Flood, who turns 75 this month, will stay on for the time being as a member of the tribunal, along with Mr Justice Alan Mahon and Ms Justice Mary Faherty.

It is expected the former High Court judge will bow out completely after dealing with a number of issues still outstanding from the tribunal's earlier investigations into Mr Ray Burke, including the issue of legal costs.

Justice Gerald Keys, who was appointed as a reserve member of the Dublin Castle tribunal last year, is likely to take his place.

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Though some contacts have taken place between Government officials and Mr Justice Flood, it is not yet clear when the judge intends to leave the chair of the long-running tribunal.

Mr Justice Flood's departure will mean a new popular title will have to be found for the tribunal, whose official name is the Tribunal of Inquiry into Certain Planning Matters and Payments.

His leaving will not affect investigations into planning corruption allegations at Carrickmines in south Dublin as his three colleagues have been present for all the evidence presented so far.

Of all the inquiries and tribunal under way, the Flood tribunal is the best-known and arguably the most criticised.

And of all the tribunal chairpersons, the diminutive Mr Justice Flood is undoubtedly the most celebrated.

In its early days, his tribunal was the subject of fierce attacks, at least some of which were designed to curtail its investigation of political corruption.

However, the evidence given by octogenarian witness Mr James Gogarty against Mr Burke was decisive in anchoring the tribunal and its chairman in the popular imagination.

Mr Justice Flood's tussles with recalcitrant witnesses and argumentative lawyers became the staple of late-night, radio re-enactments and even a theatrical show.

Concerns about the length of the inquiry and the fees paid to lawyers were forgotten when the chairman issued his interim report last year on payments to Mr Burke. The report's direct language and its finding that the payments were corrupt won critical and popular favour.

The tribunal has completed just three modules of investigation in five years and has 20 more to do, so it was inevitable that Mr Justice Flood would bow out at some stage.

Mr Justice Flood was born in Ballyshannon, Co Donegal. The son of a banker, he was educated at Castleknock College, UCD and the King's Inns. He was appointed to the High Court in 1991, and was already past the normal pension age when he was appointed to the tribunal in November 1997.