The Flood tribunal will cover the costs of only one senior counsel, one junior counsel and one solicitor incurred by those represented except in exceptional circumstances, Mr Justice Flood announced yesterday.
Delivering his decision on applications for legal representation at the tribunal, he stressed that those granted representation were not guaranteed to have their costs covered at all. Those who did make successful applications for costs were unlikely to be paid for representation over and above the limits he set out.
He also warned that those granted legal representation would be required to confine their participation at any sittings to matters which affected their own interests.
It is understood that some of those expected to appear before the tribunal had planned to be represented by larger legal teams than the one senior, one junior and one solicitor limit set out by Mr Justice Flood. Such a limitation was not set out by the Dunnes Payments tribunal or the beef tribunal.
Mr Justice Flood yesterday granted legal representation to Mr Ray Burke, Fianna Fail and the Attorney General on behalf of the public interest, arising from the expansion of the tribunal's terms of reference in June. These parties are among those who have already been granted representation under the previous terms of reference.
He refused nine other applications but said these decisions were not final and could be reviewed. These applications were from individuals who wanted particular planning decisions investigated.
Mr Justice Flood said that while they were being refused legal representation at this stage, the matters of which they complained would be investigated by the tribunal.
The refused applications were from Ms Treasa Ni Ghruagain on her own behalf and on behalf of the North Dublin Retailers Association; Mr Michael O'Donnell; Mr William G Flynn/ Zimmerman and Company International Ltd; Mr Joseph Darlington and Ms Madeleine Darlington; Mr Thomas Euferafus Griffin; Mr John James McHugh; Mr Christopher Englishby and Mrs Sheila Ingoldsby; Mr Patrick Melly; and Mr Dermot Mooney.
The tribunal is inquiring into certain planning and related matters and was set up late last year following revelations that Mr Burke, then Minister for Foreign Affairs, received £30,000 in cash from a building firm, JMSE, in 1989.
The changes in the terms of reference in June 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 Justice Flood said his decisions on legal representation did not imply any decision on the merits of the matters in respect of which an application for representation was made.
The fact that representation was granted to certain parties did not mean any decision had been taken to proceed to full public hearings in relation to the extended terms of reference.
Mr Justice Flood has yet to decide whether to hold public hearings in relation to the tribunal's work. Legal sources, however, expect that such hearings will take place but not until next year.
The judge said that, in accordance with the recent decisions of the Supreme Court regarding challenges to orders made by the Flood and Moriarty tribunals, he intended at a future public sitting to indicate the tribunal's interpretation of its terms of reference.
Mr Justice Flood said the tribunal "wishes to emphasise that all the proceedings of the tribunal will be carried out in such a manner as to ensure compliance with the requirements of constitutional and natural justice".