Flood Tribunal Chairman Urged To Stay On By Irish Government

by Robin Pilgrim, LawAndTax-News.com, London

27 June 2003

The Irish government has urged Flood Tribunal chairman, Mr Justice Feargus Flood to stay on as head of the planning tribunal until the issue of costs for failure to cooperate with the hearing has been settled.

According to reports in the Irish media this week, witnesses who have failed to cooperate with the investigation into corruption in planning include: former Foreign Affairs Minister Ray Burke, impresario Oliver Barry, builders Michael Bailey, Tom Brennan and Joseph McGowan, businessman James Stafford, former Government press secretary PJ Mara, Joseph Murphy Jnr and his late father Joseph Murphy Snr.

A number of the absent witnesses have reportedly applied to have their costs paid by the tribunal.

In a letter to the Irish government, Mr Justice Flood, who has presided over the tribunal for six years, and will be 75 next month, suggested that the process of ruling on costs would require of him 'significant levels of physical and mental stamina and a capacity to carry out exceptionally demanding work over an extended period of time,' which he believes will put him under 'an undue strain'.

However, Taoiseach, Bertie Ahern has warned of possible legal difficulties ahead, suggesting that witnesses hit for costs as a result of their failure to cooperate could launch legal action against the tribunal, arguing that a new chairman who had not sat through the process could not decide upon costs.

He therefore appealed to Mr Justice Flood to stay on as chairman until the costs issue has been decided.

Speaking on Tuesday, the Taoiseach revealed that if the Flood Tribunal head cannot be persuaded, new legislation may be needed in order to reduce the risk of legal challenges slowing the progress of the probe.

Fine Gael leader, Enda Kenny has said that his party will fully support any law designed to ensure the smooth continuation of the tribunal.

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