The author of an anonymous letter to the planning tribunal has been urged to come forward by the tribunal's chairman, Mr Justice Flood.The typewritten letter, which was dated January 12th, was from a person "who clearly has important information which may be of great assistance to the tribunal", said the chairman during a hearing of the inquiry yesterday at Dublin Castle. "The tribunal urges that person to come forward to discuss the matter in confidence and invites him or her to telephone the tribunal at (01) 4785633," he said.The tribunal sat yesterday to hear Mr Justice Flood's rulings on applications for legal representation by various interested parties.
None of the applicants was granted full representation, although a number were accorded limited representation.These included the former minister for foreign affairs, Mr Ray Burke; Joseph Murphy Structural Engineering Ltd; Mr Michael Bailey and Bovale Developments Ltd; and Mr James Gogarty.An application for representation by the Newry solicitors, Donnelly, Neary, Donnelly, was withdrawn on the basis that their clients, Mr Michael Smith and Mr Colm MacEachaidh, had now been publicly named.The two men were the sponsors of a newspaper advertisement which sought information about alleged corruption in the planning process.Mr Justice Flood stressed that because representation was being granted to certain parties did not mean that any decision had been taken to proceed to full public hearings. That decision, which was required under the tribunal's terms of reference, would be made during the next two weeks.The chairman is expected to furnish an interim report to the Dail, accompanying his decision as to whether the tribunal should move to full public hearings. He said the decisions to grant or refuse representation were not final and could be reviewed by the tribunal at any time."In cases where representation is not granted, this does not imply any decision, one way or the other, on the merits of the matter in respect of which the application for representation was made," he said, adding that the granting of representation did not guarantee that costs would be awarded. Persons granted limited representation would be expected to confine their participation to matters which affected their own interests.The chairman said the grounds of the application by JMSE Ltd, and a number of related companies and individuals, were: that the lands specified in the terms of reference of the tribunal were formerly their property; that the acknowledged monetary payment of £30,000 also specified in the terms of reference emanated from their funds; and that the requirement placed on the tribunal to inquire into certain matters relating to Mr James Gogarty, a former employee of theirs, would affect their interests.The grounds of the application by Mr Michael Bailey and Bovale Developments were: that they had been named in the tribunal's terms of reference, which required the tribunal to undertake certain inquiries in relation to their affairs; and that the schedule to the terms of reference set out the contents of a letter, dated June 8th, 1989, written by Mr Bailey.Regarding the application by Mr Burke, the chairman said the former minister was entitled to representation as the tribunal was required to inquire into the circumstances of an acknowledged payment to him of £30,000.Mr James Gogarty had applied for representation on the grounds that he was identified in the terms of reference as a person concerned with the subject matter of the inquiry. He was also in possession of information and could assist the tribunal by way of evidence.Other applicants granted representation included Fine Gael and the Green Party, although Mr Justice Flood refused to grant representation for individual party members. The tribunal would consider applications from individuals on their own merits.Mr Cyril Gallagher, the Cathaoirleach of Fingal County Council, was also granted representation. Among the grounds of his application were that he was actively associated with a number of the local authority motions concerned with the zoning and planning status of lands being examined by the tribunal.Also, in relation to the terms of reference, serious allegations, including allegations of activities of a criminal nature, had been made and were the subject of continued public speculation, and an order for representation would assist in the assembly and presentation of relevant evidence to be offered by Mr Gallagher.The tribunal was established by the Oireachtas in October to examine the planning history of 726 acres in north Co Dublin, which were the subject of a letter written by Mr Bailey to Mr Gogarty, then of JMSE, in June 1989.