DAIL REPORT: The Taoiseach repeated the Government's view that Mr Justice Flood should deal with the question of costs at the Flood tribunal.
Mr Ahern revealed in the Dáil on Tuesday that Mr Justice Flood wished to stand down as tribunal chairman and had proposed that Mr Alan Mahon would replace him and deal with the costs issue. "It is the Government's wish that Mr Justice Flood, in whatever capacity, deals with the issue of costs," Mr Ahern said yesterday.
"He can still do so as chairman if he so wishes, or in whatever capacity because that avoids any legal complications."
Mr Ahern said that having talked to the Attorney General and the Ministers directly involved, he did not think the matter could be resolved before the Dáil adjourned for the summer recess next week.
The Taoiseach said he did not want to release the contents of the letter sent by the Government to Mr Justice Flood because he had only received it on Tuesday. However, he could say that it had asked him to consider the issue and the Government's wish.
"It also asks some other questions," said Mr Ahern. "There is nothing strange in the letter. It asks about the duration of the modules, the likely duration up to completion, the legal costs, and the likely costs to be incurred in investigating all matters within the terms of reference."
The points raised, he added, were general and he was sure that the Government would get an answer. If it was in order with the judge at that stage, he would release the contents of the letter.
Earlier, the Fine Gael leader, Mr Enda Kenny, said that while Mr Justice Flood had done a great deal of good work in his interim report, the public was appalled at the prospect of the tribunal continuing for a further 15 years and the massive costs involved.
He asked if the Taoiseach would introduce a simple amendment to the legislation in the event of Mr Justice Flood being prepared to deal with the issue of costs as an ordinary tribunal member.
A matter causing some concern was the proposal by the Minister for Justice, Mr McDowell, to have certain sections of modules of tribunal carried out by a new body in private. "The concern of many would be that potentially embarrassing modules of the tribunal would be heard under these proposals in private," he added.
Mr Ahern said he agreed that the tribunals had been good for politics. "We have a good deal of legislation and I do not want to change it now," he added.
"I have discussed this issue with the Attorney General. The legislation which Mr McDowell is bringing forward was coming forward anyway to deal with tribunals outside this set of tribunals. Perhaps there are modules which could be moved to it, but that would only be done if there was agreement here and with the legal team."
He said his advice was that the Flood tribunal could continue for 15 years, and he did not want that either. The tribunals' legislation of 2002 specifically envisaged the chairperson continuing to sit as an ordinary member. Mr Ahern said the proposed change would not preclude the Flood tribunal from hearing the module before it, including the allegations made by Mr Frank Dunlop.
He added it was important to emphasise that where allegations had been made in public before the tribunal, those against whom they were made should be entitled to a public hearing.
"The issues raised by Mr Dunlop, which are before the tribunal, will have to be dealt with by it. If we talk of any modules moving over, they are later modules and we must discuss whether this is possible."
Asked by Mr Kenny if he would confirm that no obstacle would be placed in the way of truth being discovered, bearing in mind the reasons why the tribunal was set up, Mr Ahern replied: "I agree and confirm that is the position. The module before the tribunal must be dealt with by it. I am legally advised that there is no other way."
