Tribunal legal bills likely to exceed €50m

The Flood tribunal has received legal bills amounting to about €21

The Flood tribunal has received legal bills amounting to about €21.5 million so far, but the final total is expected to be more than double this amount. When VAT is added, it is likely to exceed €50 million.

This does not include the running costs of the tribunal itself, which currently stand at about €27 million.

This information comes from figures supplied by the registrar to the tribunal, Mr Peter Kavanagh, to the Minister for the Environment, Mr Cullen.

The largest single bill, at almost €10.5 million, is from the various legal teams who have represented the former Fianna Fáil minister, Mr Ray Burke. Mr Burke's wife Anne is also seeking €24,000 in respect of orders and summonses served on her.

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However, Joseph Murphy Structural Engineering (JMSE) and Bovale Developments (run by builders Mick and Tom Bailey) have so far declined to furnish estimates of their costs, although they will be submitting bills. The bills for these parties are expected to exceed €10 million in each case.

The next largest bill, for €3.5 million, is for Mr James Gogarty, the JMSE executive who revealed the £30,000 payment he made to Mr Burke in 1989.

Mr Tom Brennan, the builder who, with his partner Mr Joe McGowan, made offshore payments totalling £125,000 to Mr Burke, is seeking €2.66 million for his representation. The list makes no mention of a bill from Mr McGowan.

Mr Gerard Downes, a former financial controller of JMSE who gave evidence for less than half a day in 1999, has submitted a bill for almost €1 million.

Politicians and political parties also figure prominently in the list. Fianna Fáil is looking for €606,000, Fine Gael €366,000 and the Green Party €125,000.

Some €110,000 is being sought in respect of the late Fianna Fáil councillor Mr Cyril Gallagher, although he never gave evidence.

Appearing without representation has proved no bar to submitting a bill, the list shows. Solicitor Mr Oliver Conlon is seeking €110,000, while accountant Mr Hugh Owens has submitted a bill for €126,000.

The banks, the Irish ones in particular, are charging heavily for their co-operation with the tribunal. Bank of Ireland has furnished a bill for €538,000, National Irish Bank wants €414,000 and AIB is seeking €218,000, plus €180,000 for its British subsidiary. A number of media organisations have also submitted bills, led by Post Publications, at €170,000.

In the case of each bill, the tribunal will decide in principle whether or not to award costs. A number of parties, including Mr Burke and the principals of JMSE and Bovale, were found to have obstructed the tribunal and may therefore be forced to pay their own legal costs and possibly those of the tribunal.

With Mr Justice Flood's departure, Judge Alan Mahon is likely to deal with the issue.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.