Shay Brennan backs supplementary estimates for tribunal costs
Shay Brennan spoke in the House on the supplementary estimates for the Department of the Taoiseach and the Office of the Chief State Solicitor, urging support for funding obligations arising from independent inquiries. He argued the measures are not new discretionary spending but essential payments required by law.
Supplementary estimates sought
The speaker outlined that Vote 2 requests £3.4 million to reimburse the National Treasury Management Agency for third-party costs arising from the Tribunals of Inquiry and the NAMA Commission of Investigation. A technical adjustment of €1,000 is sought for Vote 6 for the Office of the Chief State Solicitor to manage its budget lines.
Legal basis and independent decisions
Brennan emphasised these payments flow from decisions taken by independent bodies that operate beyond Government control. He stressed the obligations are statutory, set out under the Commission of Investigation Act and supported by resolutions of the House.
Role of the Department of the Taoiseach
The speaker described the Department of the Taoiseach as key to supporting the Taoiseach and the Government, delivering impartial policy advice, coordinating Government activity and overseeing tribunals and commissions of investigation.
Budgetary unpredictability and technical provisions
Because tribunals and commissions function independently, the Department cannot predict when legal costs will arise or their magnitude. The €1,000 technical provision for the Office of the Chief State Solicitor was presented as a measure to allow that office to manage surpluses and deficits within its budget lines.
Consequences of not funding
Brennan warned that failing to meet these statutory obligations would undermine the system of enquiries and could damage public confidence, the administration of justice and the integrity and credibility of independent investigative processes.
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I appreciate the opportunity to speak on the supplementary estimates before the House today for the Department of Taoiseach and the Office of the Chief State Solicitor. I fully understand that these proposals are not about allocating new funds for fresh initiatives or discretionary spending. Instead, they represent essential expenditures that arise from legal obligations. These obligations come from decisions taken by independent bodies, bodies that operate beyond the direct control or influence of the Government. Specifically, the supplementary estimates for Vote 2 amounts to £3.4 million, or just shy of, and is required to reimburse the National Treasury Management Agency for third-party costs arising from the Tribunals of Inquiry and the NAMA Commission of Investigation. These sums reflect assessments made independently, and the Government must meet these costs in full. Additionally, a technical adjustment of €1,000 is sought for Vote 6, the Office of the Chief State Solicitor, and I am satisfied that this technical provision allows that office to work with its budget lines to effectively manage surpluses and deficits. The Department of Taoiseach plays a critical role in supporting Taoiseach and the Government. It ensures coordinated Government activity, delivers impartial policy advice and oversees tribunals and commissions of investigation. They provide transparency and accountability which are vital to maintaining public trust. Equally important is that these tribunals and commissions function independently of Government, to preserve their integrity and their credibility. Independence, however, means that the Department cannot predict or control when legal costs will arise or indeed their magnitude. These are statutory obligations that must be honoured. They are laid out under the Commission of Investigation Act and backed by resolutions of this House. Failure to fund these costs would undermine our system of enquiries. In conclusion, I believe supporting these supplementary estimates is essential to uphold the integrity of our investigative process, ensure the State meets its legal commitments and to maintain public confidence and the administration of justice.
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