Significant progress has been made by the Flood Tribunal in the first phase of its inquiry work, the chairman, Mr Justice Flood, said yesterday. He was speaking in the High Court, where he heard applications from seven parties for legal representation, arising from the expansion of the tribunal's terms of reference last June.
Mr Justice Flood said it was not possible to make an "informed assessment as to when the public hearings, if any, will commence", until preliminary investigations were completed.
He was satisfied, however, that "time spent on the private investigative stage can pay considerable dividends in terms of keeping the amount of expensive hearing days to a minimum".
The tribunal is inquiring into certain planning and related matters and was set up last year following revelations that Mr Ray Burke, then minister for foreign affairs, had received £30,000 in cash in 1989 from a building firm, JMSE. The changes in the terms of reference arose from the discovery of a second £30,000 payment to Mr Burke, also in 1989, from Rennicks Ltd, a subsidiary of the Fitzwilton Group.
Mr John Gallagher SC, for the tribunal, said the Attorney General had applied for legal representation on behalf of the public interest under the amended terms of reference. Mr David Martin SC applied for representation for Mr Ray Burke under the amended terms of reference. They are among those who have already been granted representation under the previous terms of reference.
Mr William Flynn, a Co Meath private investigator, also applied for representation, claiming that Mr Burke had deliberately misled the Dail about an investment adviser.
Ms Treasa Ni Ghruagain of the Old Vicarage, Church Grove, Swords, applied for legal representation as secretary of the North Dublin Retailers Association, over the planning process for Airfield Shopping Centre in Swords. She also sought personal representation over planning decisions for premises beside her former home in Swords.
A number of applicants brought their personal planning problems to the attention of the tribunal.
Ms Madeleine Darlington, Ballymakeely, Celbridge, Co Kildare, also sought representation. She said she had been "disappointed after 11 years of living hell through Kildare County Council". She had been picketing on the streets for the past 11 years and spent eight days "in a hell hole in Mountjoy" and "all my husband wanted to do was sell a piece of land".
Mr Justice Flood said he had adopted a number of measures, used in other tribunals, to facilitate people wishing to assist the tribunal who might have concerns about personal and commercial confidentiality. All original documents would be returned when the inquiry was finished; copies containing confidential information would be destroyed; documentation would be stored securely and any confidential information which was not relevant to the inquiry would not be disclosed to others.
He stressed that granting legal representation was not a guarantee that costs would be awarded, while he would consider applications from any party, legally represented or not, which had "realistically and reasonably incurred any legal expense in preparing a prompt statement to the tribunal".
Mr Justice Flood will deliver his decision on legal representation at 11 a.m. next Tuesday.
