The tribunal granted limited legal representation to Mr Frank Clarke SC, on behalf of the public interest. Mr Clarke said he, along with Ms Emily Egan, had been nominated for this purpose by the Attorney General.
Seeking this representation, Mr Clarke said it was limited to three areas: where questions of the Constitution might be raised; where a dispute might arise about the terms of reference of the tribunal; and where a dispute might arise relating to the powers of the tribunal or the interpretation of its terms of reference.
He said it was not appropriate for counsel for the public interest to be involved in investigating facts. The primary role there rested with the tribunal and its own legal team. It would be an unnecessary duplication and a waste of public funds if counsel was to involve itself with the facts. He was not proposing to attend all the time.
If the public interest was granted legal representation, he would ask the tribunal to keep in touch about any of the defined matters coming up, and if they came up unexpectedly, that the hearing would be adjourned until he could be present.
Mr Justice Moriarty acceded both to the request for representation for the public interest, and for liaison between his legal team and Mr Clarke's.