Dáil Éireann debate -
Thursday, 2 Jun 1994

Vol. 443 No. 6

Written Answers. - Inquiries/Tribunals Procedures.

Jim Mitchell

Question:

32 Mr. J. Mitchell asked the Minister for Finance the plans, if any, the Government has to lay down clear structures, guidelines and cost parameters for any future inquiry or tribunal; and if he has considered the arrangements in this respect in other jurisdictions.

Minister for Finance (Mr. B. Ahern)

I have reviewed in consultation with the Attorney General the procedures for appointment of legal counsel and other personnel in connection with tribunals and inquiries. As a result of this review I approved guidelines which should be followed in all future such appointments and these guidelines have been issued to all Departments and offices.

They require that discussion on terms, conditions, duration, etc., of assignment should take place with the parties involved prior to their appointment. Where circumstances permit there should be an invitation for tender. In general, fees should be subject to an overall "cap" and an open-ended daily fee structure should be avoided. Where proceedings last longer than originally estimated some revision of fees may be necessary to reflect this. Prior approval of the Department of Finance is required before settling fees and any revision of fees. Other costs associated with tribunals and inquiries (e.g. fees and expenses for expert witnesses) also require the prior approval of the Department of Finance.

As the Deputy is aware, fundamental differences in constitutional requirements and legal systems limit the applicability of arrangements in other jurisdictions to practices in this State. I am aware that the Comptroller and Auditor General has drawn up a report on comparative costs of inquiries at the request of the Committee of Public Accounts. I will be examining that report when it is made available to me by the committee.