The Minister for Justice has no plans to change the terms of reference of the Morris tribunal into alleged Garda corruption. However, he repeated the Government's view that it will consider any proposal made to it to amend the terms of reference.

Mr McDowell said that either the tribunal could, in consultation with the Attorney General acting on his behalf, consent to a proposed change, or the tribunal could, on its own initiative, request a change.

"That is the mechanism for changing a tribunal of inquiry's terms of reference."

On the question of legal costs for the McBrearty family, Mr McDowell said that under the relevant Act this was a matter for the tribunal at the completion of its affairs.

He added that, in particular, the relevant provision stated that a tribunal, when determining costs should be paid, may take into account failure to co-operate or to provide assistance to, or knowingly giving false or misleading information to the tribunal.

"This is a very powerful tool and it is my view that it would undermine the tribunal's work if a decision was made to pay costs in advance."

The Minister was replying to a Labour motion, moved by the party's spokesman on justice, Mr Joe Costello, that the Government seek the consent of Mr Justice Morris for a widening of the tribunal's terms of reference and discuss with the McBrearty family suitable arrangements to enable them to be legally represented.

Mr Costello said that it was unthinkable that the Minister for Justice and the Department should be excluded from the tribunal's remit. There was now a danger of a double injustice being done if the McBrearty family was not allowed to be legally represented, he added.

Debate on the motion resumes tonight.