A PRIVATE practice solicitor has been employed by the Moriarty tribunal at €1,000 a day, costing €1.2 million for the past four years, even though the highest salary level for State solicitors is €85,000 a year, the Dáil has heard.

The tribunal, which got under way in September 1997, is expected to cost up to €100 million; the Taoiseach’s department has paid €36.25 million to date.

Taoiseach Brian Cowen told the Dáil yesterday that his “best information” was that public hearings would finish this month and “the report will be brought forward later this year”.

Fine Gael leader Enda Kenny questioned the cost of the private practice solicitor, pointing out that the highest level of salary for solicitors in the Chief State Solicitor’s office is €85,000.

Labour leader Éamon Gilmore raised questions about reports that a document was withheld from the tribunal for 10 years by the Department of Communications on the grounds of legal privilege, but had now been produced to the tribunal.

The alleged document relates to legal advice sought by the then attorney general in the mid 1990s.

When the Ceann Comhairle ruled the question out of order, Mr Gilmore said it had been suggested that if the report had been made available at an earlier stage, “it would have foreshortened the work of the tribunal”.

Mr Cowen said however that he could not comment on that. “That’s a matter for the chairperson to adjudicate on in due course as to its significance, irrelevance or otherwise.”

Referring to the cost of the private sector solicitor, Mr Cowen said that in late 2004, the tribunal chairman sought a solicitor with experience in commercial practice and litigation from the private sector “in addition to the tribunal’s existing solicitor on secondment from the Chief State Solicitor’s office”.

The tribunal wished to avoid the cost of two solicitors and it was agreed the private sector solicitor would replace the Chief State Solicitor’s office solicitor.

“The appointment was expected to be of limited duration in view of the then expectation of the completion of the tribunal’s work.”

Mr Kenny said that in July last year, the Minister for Finance decided that legal counsel would no longer be paid once public hearings were completed.

“The Government told the departments to which the tribunals report that tribunal legal teams, including a senior counsel at €2,700 a day, should be let go. That did not happen.”

Mr Cowen said the tribunal chairman had indicated his intention to complete his report by the end of 2008, but the preliminary report was subject to an injunction, leading to further public hearings.

The Taoiseach agreed with Mr Kenny that commission of inquiry might be a far more appropriate mechanism than tribunals “where a life’s work seems to be part of the outcome”.

Sinn Féin justice spokesman Aengus Ó Snodaigh said: “Some of those under investigations by the Moriarty tribunal remain major tax avoiders . . . and will probably benefit from the costs of the tribunal even though they aren’t citizens.”

He asked if that anomaly would be addressed.

Mr Cowen replied: “All I can say is that the sole member has not turned his mind to the whole question of third-party costs at all until such time as he concludes his deliberations.”