Tribunals - introduction

Information

Not all legal disputes in Ireland are settled in courts by judges. Bunreacht na hÉireann (the Irish Constitution) allows the Oireachtas (Parliament) to pass legislation to establish tribunals with limited powers to decide cases and investigate certain matters.

To set up a tribunal the Government proposes a Bill, which both Houses of the Oireachtas must pass before it can become law. The legislation that establishes the tribunal sets out the purpose of the tribunal, how many members will sit on the tribunal and whether those members will be judges, lawyers, civil servants or representatives of industry. The legislation also sets out the powers of the tribunal and the procedures that will be applied. Some tribunals are set up to last indefinitely. Others are set up for a specific purpose only and once that purpose is achieved, the tribunal ceases to exist.

The legislation states whether the tribunal should be held in public or in private - most tribunals are held in public so that any member of the public can attend. A tribunal dealing with sensitive issues may be held in private, for example, the Refugee Appeals Tribunal holds private hearings.

There is a wide range of tribunals with different functions in the State. There are rights tribunals and there are tribunals of inquiry.

A rights tribunal acts like a court; it makes binding decisions on disputes between different parties. A rights tribunal is set up to provide a quick, informal and inexpensive alternative to the courts system in a specific area of law, for example, employment law.

A tribunal of inquiry has a different function; it simply investigates a specific matter of public importance and submits a report to the Oireachtas setting out its findings of fact. Significant costs have arisen in recent years with regard to tribunals of inquiry. The Comptroller and Auditor General published a Special Report into Tribunals of Inquiry (pdf) in December 2008. The Report gives an estimate of the costs involved in the Mahon, Moriarty and Morris tribunals.

Tribunals and Equality

The Tribunals of Inquiry Bill 2005 (pdf) aims to consolidate and modernise the law regarding tribunals of inquiry. The Bill followed the Law Reform Commission's Report on Public Inquiries Including Tribunals of Inquiry (pdf). More information can be found in our document on tribunals of inquiry.