New reduced fees for tribunal lawyers will not come into force for certain existing tribunals until September 2006, The Irish Times has learned. By this time some of the existing tribunals are likely to have finished their work, writes Carol Coulter, Legal Affairs Correspondent.
The Attorney General and secretary to the Government have concluded an agreement with the chairman of the Morris tribunal, Mr Justice Morris, that the set fees announced by the Minister for Finance last month would not come into operation for it for another two years, a Government source confirmed at the weekend.
Discussions with the other tribunal chairpersons are ongoing, and are expected to conclude within the week.
Both the Barr and the Moriarty tribunals are likely to finish their work under the old fees regime.
Last month the Minister for Finance announced that from September of this year senior counsel working for newly established tribunals would be paid €213,098 a year, the same as a High Court judge, plus 15 per cent in lieu of pension contributions.
The payment rates for junior counsel will be two-thirds of the senior rate, or €142,065 annually. A solicitor working for a tribunal will be paid €176,000.
These rates are about 40 per cent of the current maximum rates of pay, which run to €2,500 a day for senior counsel, with pro-rata rates for junior counsel.
The new rate will apply both to those working for the tribunals and representing third parties.
Third-party costs have accounted for two-thirds of the costs of completed tribunals.
Announcing the change, Mr McCreevy said the rates would apply to those working in existing tribunals, but the date for this coming into effect would follow communication between the Attorney General and the chairpersons of the tribunals in question.
At the time fears were expressed that the tribunals might lose experienced legal assistance if pay rates were immediately cut sharply.
Discussions have been taking place since between the Attorney General and tribunal chairpersons.
In the Morris tribunal, investigating the conduct of certain members of the Garda in Co Donegal, agreement has been reached that the new rates will not come into effect until September 2006. The Morris tribunal is likely to have finished its work by then.
When it started its work in July 2003, one of its senior counsel, Mr Peter Charleton SC, told The Irish Times he expected it to finish in about 18 months. While that time-frame proved over-optimistic, it has produced an interim report, and its work is progressing at a fast pace. It is likely, therefore, to finish within the next two years.
The Barr tribunal, set up to inquire into the shooting dead of John Carthy at Abbeylara, is also nearing conclusion, and is likely to be allowed finish out its work without any change in the remuneration of its legal team.
The Moriarty tribunal, inquiring into payments to politicians Mr Charles Haughey and Mr Michael Lowry, has been in operation for seven years.