The High Court will deliver judgment next Tuesday on proceedings by the Flood tribunal against the Dublin West TD, Mr Liam Lawlor, over his failure to appear before it and produce documents.
It was indicated in court yesterday that Mr Lawlor is willing to appear, provided this is in private and that he has the right of legal representation.
It was also submitted by the TD's lawyers that the "trawl" of documents being sought by the tribunal is too wide and should be narrowed.
Mr John Rogers SC, for Mr Lawlor, argued that the tribunal was wrong to seek to compel his client to give evidence in public in what was the early "investigative mode" of the tribunal.
Mr Frank Clarke SC, for the tribunal, said this was the first time Mr Lawlor had sought a private appearance.
Mr Lawlor, of Somerton, Lucan, Co Dublin, was in court yesterday. At the conclusion of the hearing, Mr Justice Smyth said he would reserve his judgment to Tuesday next.
The tribunal has taken the proceedings against Mr Lawlor following his failure to appear before it on October 10th, and his failure to hand over certain documents and records. The documents relate to any accounts held by Mr Lawlor within or outside the State, either in his own name or jointly, and into which he made lodgements of money or into which lodgements were made for his benefit.
Mr Rogers said Mr Lawlor was not challenging the tribunal's order for him to appear before it and produce documents, but was seeking to correct errors in the ruling. The legislation setting up the tribunal made provision for its orders to be obeyed and for the full weight of the High Court to be put behind it, but it also provided that this should be done in a fair and supervised manner.
It could not be the case that any error in the tribunal's orders could not be corrected. If there was some correction that should be "tagged on" to the tribunal's order, the court should do so, Mr Rogers said.