The two new members to the tribunal on planning, requested by its sole member, Mr Justice Flood, need not be judges, if agreed to by the Government, the Tanaiste, Ms Harney, told the House yesterday.

She indicated that the Government would be sympathetic to the Flood tribunal chairman's request. "The two further members do not have to be judges. While we have always appointed judges as chairpersons of tribunals, given the pressures on the judiciary, it may well be that the new members will come from elsewhere."

She was replying to a question from Mr Jim Mitchell (FG, Dublin Central) who said the request was "of the utmost importance" in ensuring public confidence in public administration. Mr Justice Flood's request was "unprecedented" and required consultation "at the highest level" between parties.

Mr Justice Flood, who will be 73 next month, made his request under the Tribunals of Inquiry (Evidence) Act, 1921 because of the huge amount of work still to be done by the planning tribunal.

The Minister for the Environment, Mr Dempsey, who set up the tribunal, is to consult the Attorney General and report to the Cabinet.