Witnesses attending the Morris Tribunal, inquiring into complaints against some gardaí of the Donegal Division, will be given a nominal amount of money at the time for travelling expenses and bed-and-breakfast accommodation.
However, the matter of whether the tribunal will pay all or part of their legal costs will be considered only at the end of the tribunal, which could take at least two years.
Mr Justice Morris, the sole member, yesterday gave his decision on applications for legal representation which he granted to 73 individuals and organisations.
On arguments from counsel last week about extending the terms of reference to include the role of the State, he said the tribunal did not have its mind closed to this argument. He could not adjudicate on the application at this stage because no material had been advanced as to why an extension should be sought.
Yesterday Mr Justice Morris said some sittings of the tribunal would take place in Donegal, which would minimise costs to local people. This might particularly apply where there were many witnesses, for example, from Raphoe and Letterkenny, whose needs might make an argument for the tribunal sitting locally.
Technology which must be at the disposal of the tribunal and the necessity to safeguard documents would require the tribunal to sit in Dublin, he said. The tribunal did have the power to offer travelling money to witnesses for the purpose of attendance.
"The tribunal will itself calculate the cost of travelling, overnight stay with bed and breakfast and two substantial meals and, on that basis, offer viaticum [travelling money] to witnesses who are required to travel from Donegal to Dublin," Mr Justice Morris said.
On the wider issue of costs, which would include legal costs, he said he could not make any orders until the close of the tribunal's business.
On the applications for legal representation, he said that, in the case of the Garda Commissioner, the purpose for which representation was sought was less than clear. "If the Garda Commissioner were to seek to represent members of An Garda Síochána in respect of whom a question might arise as to their conduct or character, there would be no question as to the granting of representation," he said.
However, the application was made on the basis of the overall responsibility of the Commissioner. The Commissioner should be allowed to renew his application after the opening of the tribunal when he would be in a position to indicate whether he wished to represent certain members.
Mr Justice Morris granted legal representation to the extended McBrearty family, which comprises 43 people; Mr Brendan Howlin, Labour TD, and Mr James Higgins, former Fine Gael TD; the Garda Síochána Complaints Board; the Minister for Justice, Equality and Law Reform and the Department: Supt Kevin Lennon; and 25 other individuals.
The tribunal is expected to begin hearings in the autumn.