The failure to appoint new judges to the Flood tribunal has not delayed its work, its chairman has told The Irish Times. In a rare public comment, Mr Justice Flood says: "The absence of additional members has not held up the current work of the tribunal."
At present, the chairman is "fully occupied in conducting preliminary inquiries in private and preparing his interim report", he continues. The remarks are made in a brief letter sent on his behalf by the tribunal registrar, Mr Peter Kavanagh.
His comments appear to confirm the assertion by the Attorney General that "the progress of the tribunal and its work have in no way been delayed" by the failure to appoint new judges.
In an interview published in Saturday's Irish Times, Mr Michael McDowell said: "The Flood tribunal has indicated very clearly that it is not being held up." People could "check it out with the tribunal if you don't accept it from my mouth". The Attorney General added: "Mr Justice Flood indicated to me that if the charge is put against the present Government that it is holding up his tribunal, that is not the case."
Mr Justice Flood, who will be 74 this summer, asked last June for two additional judges to share the workload, but the Government says it has been unable to find suitable and willing candidates.
This delay means that controversial evidence on rezoning in Dublin will not be heard until after the general election, expected in May. Opposition politicians have accused the Government of deliberately delaying the appointments to ensure that no further evidence is heard before the election.
Ms Olivia Mitchell of Fine Gael last month claimed it was "deliberately manipulating" the timing of the tribunal's work to suit its political timetable.
However, Mr McDowell said "there never was any possibility" that the Flood tribunal would have got to the evidence from developer Mr Tom Gilmartin or lobbyist Mr Frank Dunlop before the election. He said the appointments were "in hand" and would be made "in the next couple of weeks".
When asked the same question more than a fortnight ago, he made the same response. However, it is understood the Cabinet dealt with the matter last week. A number of names have been discussed and appointments are imminent. The appointees are expected to be promoted to the High Court in return for agreeing to serve for a number of years on the tribunal.
Some potential candidates were concerned about the length of time involved; set up in November 1997, the tribunal may run for another four years. Others excluded themselves because of conflicts of interest arising from earlier work as barristers on behalf of people under investigation. Salary difficulties have also arisen; although the posts carry an annual salary of €150,000 plus perks, this is much less than many senior counsel earn.
