The Law Reform Commission (LRC) has called for the right to legal representation at tribunals to be drastically reduced, and for much of the work of tribunals to be carried on in private in order to reduce the amount of money and time they take.
The proposals were outlined in a 336-page consultation paper on public inquiries, published by the LRC yesterday.
The commission announced it would consult interested parties and hold a seminar on the proposals in the summer.
It is hoped the seminar will be attended by many of the lawyers who have worked in tribunals, and the results of the consultation process will be published in the autumn. A final report is expected early in 2004.
Outlining the contents of the document, Prof David Gwynn Morgan, head of research when it was drafted, said the consultation paper addressed the basis question of how far it was possible to reduce the entitlement to "constitutional justice" [defending one's good name] and be consistent with fair procedures.
This entitlement created much of the attendant expense and delay. "A very extravagant measure of constitutional justice has been granted in circumstances when it was not legally or constitutionally required."
This meant that all parties appearing before tribunals were granted legal representation, usually, as in the case of the Beef tribunal, paid for by the taxpayer.
"Those who make allegations against a person whose conduct is under investigation, such as the deputies before the Beef tribunal ...need not be separately represented any more than a witness in a court case."
This may have arisen because tribunals have sometimes gone beyond what should be their primary case - discovering what happened and why - and ventured into the role of assigning blame, which should be left to a criminal trial.
He also said that the victims of malfunction or misconduct in a public institution should not have to have separate legal representation. Their needs could be met by counsel for the tribunal.
He pointed out that the Scott inquiry in the UK into the sale of potential weapon parts to Iraq involved just two lawyers, Lord Scott and counsel for the inquiry
The best way of addressing the problems of the proliferation of legal representatives was to ensure that inquiries are held in private, while publishing the report at the end. The report should emphasise the flaw or malfunctioning of the institution, business or profession, rather than the sins of an individual.
Further, as well as drawing conclusions, the report should include comments on, or disagreements with, those conclusions by any person whose good name or conduct was called into question.
He said that the State is not legally or constitutionally required to pay the costs of all parties represented before a tribunal. This only came to be regarded as common practice in the beef tribunal.