The Moriarty tribunal investigating payments to politicians will explain its interpretation of its terms of reference next week in response to the Supreme Court decision in July obliging it to do so.
The tribunal will hold a public sitting to give this explanation on Thursday, September 24th, and will then hear submissions on behalf of those represented at the tribunal.
The tribunal will also explain the procedures it is adopting in relation to the making of orders. The Supreme Court ruled that the way it had obtained discovery orders against Mr Haughey in relation to his financial affairs was unfair. Mr Haughey should have been notified in advance that these orders were being sought, the court said.
The Supreme Court also ruled that the tribunal, which is investigating payments to Mr Charles Haughey and Mr Michael Lowry, must publicly explain its interpretation of its terms of reference. This ruling was part of the court's decision on a challenge by Mr Haughey to the validity of orders of discovery made in relation to his financial affairs, to the procedures being adopted by the tribunal and to its constitutionality.
The court directed that Mr Haughey was entitled to an explanation by the tribunal of its terms of reference, "certainly so far as they relate to him". It accepted that such an explanation may not be final and that it may be necessary for the tribunal to explain any further interpretation it may place on the terms of reference in the light of facts that may emerge.
Legal sources suggested yesterday that next week's sitting could be over within one day. However, if legal teams representing Mr Haughey, or anyone else, wished to make representations in relation to any of the matters outlined by Mr Justice Moriarty, the hearing could continue for another day or more.
Mr Justice Moriarty has yet to decide whether the tribunal will hold public sittings, but it is widely expected to do so. As in the case of the Flood tribunal, these are not expected to begin until next year.