The chairwoman of the inquiry into the retention by hospitals of human organs, Ms Anne Dunne SC, was refused an increase in her fees last year, The Irish Times has learned.
Ms Dunne sought the increase in February of last year, citing the fact that the inquiry was "more extensive, comprehensive and complex than was originally envisaged." She also referred to the fact that her brief fee and daily rates reflected those agreed with other tribunals some years ago.
The fees agreed with Ms Dunne when she took on the inquiry in April 2000 were £30,000 of a brief fee and £1,500 as a daily rate. This translates as €38,092 and €1,904.61 respectively.
Senior counsel for the inquiry are paid the same, with junior counsel earning two-thirds of these fees.
The group which campaigned for an inquiry into the retention of organs by hospitals, Parents for Justice, has withdrawn co-operation from it and sought the return of its files. In October the Minister for Health told the Dáil that only six of the main hospitals involved had co-operated fully with it.
According to correspondence between Ms Dunne and the Department of Health obtained under the Freedom of Information Act, her terms and conditions, and those of her legal team, include operating "on a full-time basis with flexibility".
In her letter she elaborated on this by explaining: "In order to allow us to maintain some connection with the Law Library and with our respective practices, it will be necessary for each of us from time to time to attend to legal work other than that of the inquiry.
"If you are agreeable, this arrangement in relation to flexibility will apply with my approval. It is accepted by all counsel that while the inquiry continues, its best interests will be their paramount consideration.
"There will be no charge made to the inquiry by counsel when they are engaged in other legal work."
Ms Dunne also sought an additional increase for herself in the role of chairwoman, referring to the nature and extent of the responsibility undertaken.
The Department referred the request to the Department of Finance, which turned it down.
In its reply, the Department of Finance referred to the level of fees paid at other current and recent inquiries.
It added: "I note that over a lengthy inquiry the chairman's fees would easily exceed the salary of a senior judge."