The Government has insisted the legislation allowing the appointment of new judges to the Flood tribunal will be passed before the general election, following Mr Justice Flood's letter to the Oireachtas expressing concern that it would not be completed in time.
A spokesman for the Minister for Justice said yesterday that Mr O'Donoghue is determined that the Courts and Court Officers Bill will be enacted before the dissolution of the Dáil. The Bill provides not only for the appointment of three new Circuit Court judges, who will then be appointed to the Flood tribunal, but for a range of other changes.
The Committee stage of that Bill has now been scheduled for next Friday afternoon.
Meanwhile, it emerged yesterday that Mr O'Donoghue will also rush legislation through the Dáil next Friday allowing the planned tribunal of inquiry into the McBrearty affair to hold some of its proceedings in private. The legislation amending the Tribunals of Inquiry Acts will also clarify the legal basis for appointing additional and reserve members of tribunals.
The Tribunals of Inquiry (Evidence) (Amendment) Bill 2002 will also allow for the replacement of the chairman of a tribunal in the event of his or her being unable to continue. This is to take account of the possibility of the chairman of a tribunal that sits for many years becoming ill.
The Bill also allows for the appointment of investigators with special powers to assist a tribunal. It substantially increases the fines for non-co-operation with or obstructing a tribunal. The maximum fines will now be €3,000 on summary conviction and €300,000 for conviction on indictment, according to Government sources.
The Government announced its intention to make this change some time ago and plans to put this Bill through all stages in one day due to the shortage of legislative time before the election.
Mr O'Donoghue's assurance on the Flood tribunal judges follows the statement of the Government Chief Whip, Mr Seamus Brennan, that it would be "unthinkable" not to pass the legislation in time. Mr Justice Flood warned in his letter this week that failure to pass the legislation before Easter would delay the start of the next phase of the tribunal's work. This will involve politically sensitive allegations of improper payments to Dublin county councillors, some of whom are general election candidates.
Even if the judges are appointed soon, this phase of the tribunal's work is not expected to begin until after polling day.
Labour's justice spokesman, Mr Brendan Howlin, yesterday called on the Government to accept Labour's separate Courts Bill, which is designed solely to allow the appointment of the judges. However Mr O'Donoghue has placed the appointment of the Flood judges into the broader Courts and Court Officers Bill in an apparent attempt to ensure that the wider package of reforms gets through the Oireachtas quickly. His spokesman said yesterday that he intended to have the entire Bill passed through the Dáil before Easter, and through the Seanad either just before or just after Easter.
Mr Howlin said yesterday that his party had a number of amendments tabled for the Committee stage of this Bill, which will take place next Friday. These cover issues such as the training and accountability of judges.
There have also been some objections to the Bill's proposal to increase the jurisdiction of the District and Circuit Courts, allowing them to hear civil cases involving larger monetary damages, thus easing the pressure on the higher courts.
As well as providing for the appointment of the three new Circuit Court judges to facilitate the Flood tribunal, the Bill will provide for an additional two District Court judges, and two extra High Court judges in an attempt to reduce delays in cases coming to trial in the Central Criminal Court.
It will also allow solicitors of 12 years' standing to be appointed directly to the High and Supreme Courts, as opposed to the present system whereby they must serve for four years in a lower court first.
It will increase to €100,000 the size of awards that can be granted by the Circuit Court from the old limit of £30,000. The District Court ceiling will be raised from £5,000 to €20,000.