A dispute over legal fees is preventing the planning tribunal, chaired by Mr Justice Fergus Flood, from beginning its work. It is understood that neither a registrar nor a legal counsel has yet been appointed to the tribunal because of continuing negotiations with the Attorney General's Office about the scale of fees.
Informed sources suggested last night that lawyers for the planning tribunal were being offered the same scale of fees as those appointed to the McCracken, hepatitis C and Moriarty tribunals during the year.
The Dail passed a resolution to establish the planning tribunal at the height of the controversy surrounding the payment of a £30,000 cash donation by a builder to a former minister and North Dublin TD, Mr Ray Burke, on October 7th last. Mr Justice Flood was appointed on November 4th as the sole chairman of the tribunal.
The tribunal's terms of reference obliged it to report, on an interim basis, "not later than one month from the date of the establishment of the tribunal or the tenth day of any oral hearing, whichever shall first occur".
The legal dispute is now likely to prevent the tribunal from meeting this deadline since it has not formally started its work. However, the judge may report tomorrow to the clerk of the Dail.
Yesterday in the Dail the Taoiseach ruled out expanding the terms of reference of the Moriarty tribunal, which will investigate the finances of Mr Charles Haughey and Mr Michael Lowry.
He was replying to Mr Joe Higgins (Socialist Party, Dublin West) who asked that the terms of the reference be amended to ensure that the Ansbacher accounts and the "unadvertised sale of substantial State lands in Glending Wood in Co Wicklow" were investigated.
Mr Ahern said that while he had no such amendment, he had every confidence that as in the case of the McCracken tribunal relevant issues, while not in the terms of reference, would be delved into by the tribunal as it saw fit.
Replying to the Labour leader, Mr Ruairi Quinn, the Taoiseach said he understood that the question of the appointment of counsel to represent the public interest at the tribunal was currently under consideration by the Attorney General.
"It is envisaged that if counsel for the public interest are to be appointed, it will be the Office of the Attorney General which will instruct the counsel and determine the form, nature and extent of their instructions," he added.
On the planning tribunal, Mr Ahern told the Democratic Left leader, Mr Proinsias De Rossa, he understood that the order and warrants were signed. Legal teams were being put in place.
