The Government has decided to extend the life of two long-running tribunals by up to a year at full rates of pay for barristers, despite past efforts to curb escalating legal fees.
The Moriarty tribunal has been given a further six months to complete its work by January 2007, while Mr Justice Frederick Morris, who had hoped to be finished
his inquiry by September this year, has been given until October 2007 to conclude.
In a one-line statement issued without any explanation, the Government said it had "acceded to a request" from the tribunal chairmen "for an extension of the agreed completion dates at the existing levels of remuneration".
Last November, Taoiseach Bertie Ahern insisted that Moriarty lawyers' fees would be cut dramatically, from €2,500 a day to €900 a day, if the tribunal failed to finish its work by the end of June.
He told the Dáil then: "There should be no obstacle to reducing fees payable to lawyers appearing before the Moriarty tribunal after that date, in the event that it has not completed its work by then." Minister for Justice Michael McDowell is understood to have been agreeable to the request of Mr Justice Morris because of the formidable efficiency of the tribunal up to now.
So far, he has produced three public reports and two more that cannot be published by the Minister until criminal cases are concluded, while seven of the 10 issues put before him have already been completed.
The Government attempted in September 2004 to cut fees quickly but abandoned the effort because of fears that barristers would quit, bringing investigations to a halt.
The fees, which exceed €2,500 a day for senior counsel, were to have been cut to €900 under the plan first put forward by then minister for finance, Charlie McCreevy, in early July 2004.
The lower rates apply to all new tribunals, but ministers accepted that they would not
apply to existing tribunals after Attorney General Rory Brady spoke with the heads of all of the inquiries.
Last February, the Taoiseach said the total costs incurred by the Moriarty tribunal from 1997 to end of January 2006 was €22,587,982, including barristers' fees and administration costs.
"The total payment made to the legal team was €17,134,415 up to January 31st, 2006.
"The total cost incurred by my department in respect of this tribunal during 2005 was €3,437,023. The total cost for 2006 to January 31st is €507,710," he declared.
Responding to Fine Gael leader Enda Kenny, Mr Ahern said he had expected Mr Justice Moriarty's final report by the end of this year, subject to it finishing oral hearings by the end of June.
However, the new lower scale of fees was to come into force if any extra delay was incurred, he indicated. "The previous minister for finance had agreed a period,
in consultation with the attorney general and the chairman, after which the new fees were to become applicable.
"To the best of my knowledge, and I do not have anything telling me otherwise, that remains the position. It is expected that the new tribunals legislation will be enacted before this summer. "Therefore, there should be no obstacle to reducing fees payable
to lawyers appearing before the Moriarty tribunal after that date in the event that the tribunal has not completed its work by then," he said at the time
