Full text of Tribunal chairman's letter to Clerk of Dáil Éireann Kieran Coughlan
15th February, 2007
Our Ref: PTB/5
Strictly Private & Confidential - To be Opened by Addressee Only
Mr Kieran Coughlan
The Clerk of Dáil Éireann
Leinster House
Kildare St
Dublin 2
By Hand
Re: Tribunal of Inquiry into Certain Planning Matters and Payments
Dear Mr Coughlan
The tribunal notes that the capacity of the tribunal to sit in divisions, the estimated cost of the tribunal, and its likely duration, have been the subject of recent public statements made in circumstances where the tribunal believes it appropriate to advise the Oireachtas on such matters.
Sitting in divisions
At the time of the appointment of the present members of the tribunal it was not possible for a tribunal to sit in divisions. The power to do so was granted to the tribunal by Section 4(b) of the Tribunals of Inquiry (Evidence) (Amendment) Act, 2004, which was passed on the 5th May, 2004. It has been the intention of the tribunal to sit where possible in separate divisions. This has not proved possible because of the interlinked inquiries which have been conducted since that date involve many of the same witnesses. This issue has been discussed with the Attorney General since the passing of the Act and has been most recently reiterated in correspondence with the Minister for the Environment in January 2000.
Estimated costs
The tribunal's own costs incurred in running the tribunal from 1997 to date amounted to €55,645,329. Costs and expenses paid to parties in respect of their involvement in the matters upon which the tribunal has reported to date amounted to €6,668,070 including the cost of discovery.
Pending the resolution of litigation currently before the court which challenges the tribunal's power in relation to costs, it has not been possible for the tribunal to consider seeking payment of the tribunal's own costs from parties found to have hindered or obstructed the tribunal. Once this litigation has been concluded in the courts the tribunal will consider the position further and it may be that part of the costs incurred to date will be recovered from others.
An estimate of €1 billion has been suggested as the likely final costs of the tribunal. This estimate has not emanated from the tribunal. The tribunal believes that the ultimate costs of the tribunal will be considerably less than that estimate. The tribunal estimates that if all parties presently before the tribunal ultimately recover the whole of their costs the final figure should not exceed €300m including the €62,313,399 already referred to. In the event that parties are found not to have co-operated with the tribunal in respect of any matters dealt with since the second interim report of the tribunal, such parties may not recover their own costs and may be liable to pay the costs of the tribunal. In which case, the estimate of €300m, given above would be further reduced. The current annual costs of the tribunal itself amounts to circa, €7m.
Duration
The tribunal last advised the Oireachtas on the likely duration of the tribunal in its fourth interim report. At that time, it was estimated that the public hearing of the interlinked modules of the tribunal would conclude in 2007 or 2008. The tribunal's capacity to complete its inquiries continues to be challenged in judicial review proceedings brought by parties who are the subject of such inquiries. The tribunal believes that it will complete all of its remaining public hearings early in 2008 and that legal costs thereafter will be substantially reduced. The Minister for the Environment, Heritage & Local Government has been so advised in correspondence in January, 2007.
I would be grateful if you would bring this information to the attention of the members of both Houses of the Oireachtas.
Yours sincerely,
His Honour Judge Alan P Mahon, SC, Chairman