Over a dozen individuals and companies yesterday applied for the State to pay costs they incurred in assisting the planning tribunal. They included Eircom, radio station FM 104, consultants Deloitte and Touche, First Active and the businessman Laurence Crowley.
The tribunal is hearing applications all this week from those who co-operated with its investigations into allegations against former minister Ray Burke and former Dublin assistant city and county manager George Redmond, but did not have official legal representation.
The Minister for Finance is contesting that the tribunal has jurisdiction to direct the State to meet these costs; saying that cumulatively they could pose a significant burden on the public purse. None of the parties yesterday indicated the amounts they are seeking.
Tribunal chairman Judge Alan Mahon said he would rule on the applications by the end of the month. Counsel for the Minister for Finance has suggested that the tribunal could seek direction from the High Court on the issue.
Pádraig Hughes, counsel for Eircom, said he was seeking the company's costs for meeting discovery and production orders for telephone records relating to parties involved in the tribunal.
He said the bulk of the costs were administrative and related to a substantial amount of work done to comply with the orders. Some of the costs related to legal advice to ensure compliance.
"I would submit that having regard to the full co-operation given by Eircom in relation to these orders made against it and the fact that the information provided was crucial to the workings of the tribunal, I think it would be inequitable not to allow Eircom its costs on that basis."
Counsel for Laurence Crowley, Peggy O'Rourke, said the Minister had not argued in previous submissions that the tribunal did not have jurisdiction to award costs to people who appeared but had not sought legal representation. She said Mr Crowley was similar to a non-party in a civil litigation. He should be reimbursed because he had co-operated and there were no adverse findings against him.
