The Sunday Tribune has learned that there was a standoff just over a year ago between the Department of Environment and the Mahon tribunal over the tribunal's hiring of up to three senior counsel and junior counsel to defend a High Court challenge.

The tribunal proposed paying a 'brief fee' of Euro75,000; a daily rate of Euro5,000 and, it is believed, an extra 'reading in fee' of Euro2,000 a day to the senior lawyers. It is understood environment minister Dick Roche insisted this cost was excessive and sanctioned only a scaled down rate of fees.

Close observers say the testiness in the relationship between the two sides began at this point.

The Sunday Tribune has also learned that the recent correspondence between the government and the tribunal over fees was initiated by tribunal chairman Alan Mahon in December. Mahon wrote to the environment minister before Christmas stating that the tribunal could not be completed by the previously agreed deadline of 31 March and that public hearings would continue until the end of 2007/early 2008. He also requested that the existing fee structure of up to Euro2,500 a day for tribunal barristers would continue.

Roche wrote back to Mahon in January expressing concern and sought a time schedule and an estimate of costs to allow him fully brief the cabinet. Mahon replied on 2 February. The judge said the tribunal would probably deliver its final report by the fourth quarter of 2008, but said it was not possible to estimate likely third-party costs.