The Government has approved the drafting of a new Bill to deal with tribunal costs. It will be introduced in the Dáil in the next session.
The Bill will provide for likely duration and cost to be taken into account when a tribunal is set up, a more restricted entitlement to legal representation, provision for it to be terminated by resolution of the Oireachtas, and for reports of tribunals to be admissible in civil proceedings. It will be called the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Bill 2004.
The new Bill is in addition to the Government's decision to alter the fees structure for tribunal lawyers, announced by the former minister for finance, Mr McCreevy, shortly before he left for Brussels.
This involved replacing the daily rate of about €2,500 a day for senior counsel with the equivalent of a High Court judge's annual salary of €213,098, plus 15 per cent in lieu of pension contributions. Junior counsel will be paid €142,065 and solicitors working for tribunals €176,000.
The Minister for Justice, Mr McDowell, announced plans for new tribunal legislation, aimed at reducing the cost of tribunals, some months ago. However, the Government only decided to approve the drafting of such a Bill before Christmas.
"The main purpose of the proposed new Bill will be to introduce a new and more coherent provision on legal costs," said Mr McDowell yesterday. "I believe the measures outlined will make a practical and positive difference to the operation of tribunals."
Under the Bill there will be provision for a schedule of fees for the first time, to be set down by regulation by the Minister for Justice, Equality and Law Reform, with the consent of the Minister for Finance. These fees would be applicable to any newly established tribunal, and to existing tribunals on dates set by the Government in the light of consultation between the Attorney General and the chairpersons of the existing tribunals.
These consultations have taken place and the dates have now been set for the existing tribunals. The new rates will be phased in over a period, depending on when the tribunals are expected to finish. The latest date where the new rates will become operational is September 2006, when the new rates will apply to the Morris tribunal investigating the conduct of certain gardaí in Donegal. It is expected to have ended its work by then.
Under the proposed Bill, new tribunals will be required to have regard to the cost and likely duration of any investigation.