The Irish Times and RTE will apply at the Flood tribunal this morning for members of the media to be entitled to attend when Mr Joseph Murphy snr gives evidence in Guernsey next week.
The chairman had stated on Wednesday that as he did not wish for any publicity in the Channel Islands, transcripts of the proceedings would be made available to the press. The hearing would be sitting as a commission and he would appoint himself commissioner.
Yesterday Mr Richard Nesbitt SC said he wondered if the chairman was prepared to hear an application on behalf of Ms Christine Newman and The Irish Times concerning coverage of the tribunal's journey to Guernsey.
"The position as I understand it is that the tribunal is determined to go to Guernsey to take the evidence of Mr Joseph Murphy snr, and my application on behalf of Ms Christine Newman as a member of the public and on her behalf as a journalist working on behalf of The Irish Times is that she be entitled to attend for that particular hearing," Mr Nesbitt said.
The chairman said that, of course, he would entertain an application from him with appropriate notice. He had heard about this application in the last 10 minutes.
"Secondly, it appears to me to be a matter in which the counsel for the public interest would have an appropriate right of audience, and I will certainly entertain it," the chairman stated.
He said he would suggest that Mr Nesbitt furnish the submissions in writing, which would obviously speed up the matter, and he would sit today to deal with it.
Mr Bill Shipsey SC, for RTE, said he had a similar application.
"I do have a concern as to whether or not there has in fact been an order made by you, chairman, which does in fact exclude the press from the hearing which is to take place on Tuesday next," he said.
The chairman responded: "I think the answer at the moment is there is no order excluding the press. Let us leave it at that because I don't want to in any way anticipate your submissions or in any way prejudge the situation."