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Dáil
‹ Leaders' Questions

Cregan commission costs and extension

Summary

Catherine Murphy raised concerns about the Cregan commission's rising legal costs and request for more time on the Siteserv module. The Taoiseach said he needed to check the legislation, but indicated the commission is independent and suggested an extension could be granted by order rather than a House vote.

Leo Varadkar The Taoiseach Fine Gael

The issues raised by the Deputy are not dissimilar to those raised by others. I am conscious that we are discussing a commission of investigation, and that is something which is not a creature of the Government. It is based in the legislation and is accountable to the Dáil, not to me. I am accountable to the Dáil for the actions of Government but not for the actions and operations of a tribunal, court, or a judge who has been appointed to carry out an independent investigation.

Mr. Justice Cregan has asked for an extension until the end of next year. I believe there is no option other than to grant that extension because if we do not do so the investigation will fall. Mr. Justice Cregan has asked that he have until the end of 2018 to continue his investigations and his work, which is appropriate. He has also asked that the legal fees be doubled. The legal fees for commissions of investigation are the same across the board and Mr. Justice Cregan has asked that they be doubled for his commission. I discussed this at a meeting with party leaders last week, or perhaps the previous week, when Deputy Murphy was present. She will be aware that the broad consensus across party leaders was that we should not agree to the request that legal fees be doubled for this commission of inquiry, but that they remain standard across commissions. However, my officials have committed to meet with the judge to discuss other ways in which the work of the commission can be supported, whether through additional staff or other supports.

Comment on this

If the commission is answerable to the Dáil, I do not understand why the Dáil is not involved in this process when an extension is being sought. One difference in the commission of inquiries legislation is that it produces reports periodically. I would have thought that if the commission were answerable to the Dáil then the Dáil should discuss these reports.

Not only is the sum involved considerable but it is taking some time. The commission must conclude its inquires. This is only the first module. Other transactions were to be considered but the way it is being conducted makes it look as though we are moving into the kind of territory of tribunals of inquiry rather than a commission of investigation. Is the Taoiseach concerned that it may be moving into a different format than the one which was envisaged originally? Will he raise that with the judge?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I appreciate the Deputy's sincerity on this but I am being asked difficult questions. I will need to check the legislation to see exactly how the commission of investigation is accountable to the Dáil and how it operates.

I would have to read it again to be sure that I am answering correctly. My recollection from the meeting the party leaders had two weeks ago was that it would be possible for me, as Taoiseach, to extend the deadline by order and that it does not require a vote of the House. However, I would like to check it before saying that with certainty. Mr. Justice Cregan was appointed to carry out this role independently and it would not be appropriate for me, as Taoiseach, to seek to interfere in any way with the way he conducts his investigation.

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