The High Court Taxing Master, Mr James Flynn, has expressed regret to judges and Oireachtas members for "any offence caused" to them by his claim that tribunals had become the Frankenstein of modern Irish society, analogous to a star chamber.
Mr Flynn's expression of regret was given in writing to the President of the High Court, Mr Justice Morris, yesterday, 11 days after he made his controversial statements.
Mr Flynn's expression of regret came after the Attorney General first approached the High Court President and told him of what a Government statement said yesterday was "deep concern on the part of the Government" about his remarks.
The High Court President in turn met Mr Flynn to pass on "the Government's strong view that his remarks were inappropriate and unacceptable". The Taxing Master, who adjudicates in disputes over the size of legal costs awarded, made his remarks when adjudicating in favour of Mr Charles Haughey and members of his family over legal costs incurred when they challenged discovery orders made by the Moriarty tribunal.
In an attack on tribunals and their operation, Mr Flynn said they could and did deny basic fundamental rights; seemed to have "a bottomless well" of funding; and might engage in their work without the problem of "watching the clock".
"Rather than allaying public disquiet, it appears that tribunals have had a deeply disturbing effect on the perception of the rule of law and, in my opinion, society as a whole is possessed of a grave anxiety with the absolute power of tribunals."
He continued: "The only analogous forum between tribunals as we have become accustomed to as opposed to courts of law properly understood is that of the Star Chamber . . . which obtained its evidence by requiring answer to detailed interrogatories peculiarly without the assistance of juries." He said the Oireachtas, in setting up a tribunal, was in effect legitimating a system which could and did deny basic fundamental rights.
In his letter to the President of the High Court, Mr Flynn said he had not intended to cause offence, and regretted it if he had done so. According to a Government statement giving details of Mr Flynn's letter, he "also formally expressed his full acceptance and acknowledgement of the entitlement of the Oireachtas to establish tribunals of inquiry".
"He also formally stated that he had never intended to criticise or to impugn members of the judiciary who had conducted or who are conducting tribunals of inquiry. He also expressed concern that his remarks had been construed as an attack on the entitlement of the Oireachtas to establish Tribunals of Inquiry and his concern that his remarks might be seen as reflecting adversely on members of the judiciary who have agreed to serve as members of such tribunals."
The Government statement said that "in view of Taxing Master Flynn's expression of regret, the Government decided to take no further action".