There were sharp exchanges between the Minister for Justice and the Labour leader on the conduct of Dáil business.
They arose when Mr McDowell insisted that if the House spent less time on its daily Order of Business, the Commissions of Investigation Bill would have been dealt with months ago. The Bill provides for the establishment of commissions to investigate and report on matters of significant public concern.
"I am happy to debate any Bill with the deputy, but the daily debates ad nauseum on the Order of Business, which waste an hour and a half, get my goat," he added.
Mr Pat Rabbitte replied: "I cannot call to mind any deputy who raised issues on the Order of Business more frequently than Deputy McDowell when he was on this side of the House."
Mr McDowell said that Mr Rabbitte should check the record. "I was in the Law Library most of the time."
Mr Rabbitte said: "It is extraordinary that the Minister impatiently looks at his watch when we perform the task of questioning the executive during one of the few opportunities we have to do so. I appreciate he may see the world differently since entering Government," he added.
"I also understand that business must be attended to, and that the tight schedule of the House makes it difficult for Ministers to have legislation debated on the floor of the House.
"However, the Minister has been niggling about the Order of Business consistently recently and shown that he is completely oblivious to how he behaved in opposition." He added that Mr McDowell ought to be grateful the Bill was before the House.
"But for the fact that the Fianna Fáil Ardfheis is being held tonight, the Dáil would not be sitting today and would not have sat until 7 p.m. last night. It is fortuitous that the senior party in Government is facilitating the Minister with this opportunity."
On the Bill, Mr Rabbitte said it was puzzling as to why the Government, and particularly the Minister, had decided to kill off inquiry by parliamentary committee. "The DIRT inquiry was an acknowledged success."
Mr Gerard Murphy (FG, Cork North-West) said barristers employed at the Mahon tribunal have already earned over €2 million and another almost €1 million.
"The cost of this tribunal, which is the longest running and most expensive in the history of the State, has risen to in excess of €30 million. The costs include legal fees and administrative costs, but not the legal fees of parties represented at the tribunal."
Mr Murphy said that bills totalling over €20 million had already been submitted by witnesses who appeared during the five years of the tribunal.
"Future demands for an additional €20 million are expected from parties who have not yet furnished bills." However, he added, on the positive side, the tribunal's investigation into planning corruption had yielded €35 million to the Exchequer in payments relating to under payments of tax.
"There is a great deal of concern regarding the tribunal system which is costing the taxpayer a fortune without achieving much."
Mr Billy Kelleher (FF, Cork North Central) said that while he did not wish to cast aspersions on any ongoing tribunal, they had led to a public mood of cynicism .
Mr Billy Timmins (FG, Wicklow) said that the Mahon tribunal would soon be running longer than The Riordans or Glenroe and might yet rival Coronation Street.
While welcoming the concept of the Bill, he said he would like to see it include a mechanism for capping legal fees. "Someone informed me in the past that a senior counsel will not get out of bed in the morning for less than €10,000. I intend no reflection on the Minister, but that comment was made by a person in the legal profession whose views I respect."
