Cabinet to approve fast-track inquiries

The Cabinet is expected to approve legislation tomorrow to allow for new types of inquiries that will be cheaper and faster than…

The Cabinet is expected to approve legislation tomorrow to allow for new types of inquiries that will be cheaper and faster than the current tribunals.

Opposition politicians will use Thursday's Dáil debate on the appointment of the new chairman of the planning corruption tribunal to demand a full account from the Taoiseach of the events leading to Mr Justice Flood's resignation as chairman last Friday.

On its last sitting day before a three-month summer break, the Dáil will approve a resolution appointing Judge Alan Mahon, currently one of the two ordinary tribunal members, as chairman. It will also appoint reserve member Judge Gerald Keys as a full member. Judge Mary Faherty will remain a full member.

A Fine Gael spokesman said yesterday his party was calling for a full account from the Taoiseach of what took place last week before the judge resigned. The other Opposition parties have also called for a detailed explanation. The amount of time to be given to this debate has not yet been agreed.

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The Bill to set up alternative inquiries will be put to the Oireachtas in the autumn. The legislation, from the Minister for Justice, Mr McDowell, will allow for inquiries into matters of controversy to take place in private, without full legal teams representing everyone concerned.

While there has been speculation that some aspects of the Flood tribunal could be dealt with in this new type of inquiry, the Taoiseach has said he has no intention of seeing any of the politically contentious modules - such as those relating to Mr Frank Dunlop, Mr Tom Gilmartin and Mr Padraig Flynn - sent to a private investigation.

The Opposition will this week seek reassurance that evidence relating to these be heard in public.

The Government says separate legislation allowing Judge Mahon to adjudicate on tribunal costs will be put to the Oireachtas in October. Some €50 million or more is expected to be claimed in costs by witnesses who have already appeared at the tribunal.

There is concern in Government circles over whether any decision by Judge Mahon to refuse to pay the costs of witnesses deemed to have obstructed the tribunal could be open to successful legal challenge, as it was Mr Justice Flood and not Judge Mahon who heard the original evidence.

Meanwhile the Green Party yesterday accused the Taoiseach of playing a major part in delaying the Flood tribunal's work. The party whip, Mr Dan Boyle, said the Government had continually ignored requests from the judge for assistance to speed up the tribunal's proceedings.

This was a reference to the delay between Mr Justice Flood's request for additional judges to be appointed and their actual appointment. Mr Boyle claimed this was "a deliberate strategy to delay the Flood tribunal's investigations and ensure that controversial evidence would not be heard before the 2002 general election".