BARRISTERS at the Moriarty tribunal continue to earn up to €2,750 a day even though the tribunal finished its public hearings months ago and the government specifically announced such payments would cease at the conclusion of hearings.

The Sunday Tribune contacted the Department of the Taoiseach last week, inquiring if, as had been signalled by the government earlier in the summer, payments to Moriarty lawyers had ceased with the ending of the public hearings.

In response, a spokesman said: "There has been communication with the tribunal and, on foot of that, funding has been continuing".

It is understood that, following written communication with judge Michael Moriarty, it was agreed the tribunal lawyers would be paid up until the end of October. It is believed Moriarty made a case that there was a need for continuing support and assistance.

Technically, the move to extend payments until the end of October is not a breach of the government decision at the beginning of the summer. That is because the decision stated payments would cease at the end of public hearings "at the end of October".

But the October deadline was widely presumed to be a reference to the Mahon tribunal, which has yet to complete its public hearings, not Moriarty.

Moriarty indicated in writing before the summer recess that the public hearings were concluded. "It's still within the rules, but it's in breach of the spirit of the rules," one well-placed observer said.

The revelation that Moriarty tribunal lawyers are still being paid will cause controversy. The function of the tribunal legal team is to prepare evidence and cross-examine witnesses. The presiding judge's job is to hear the evidence and write the final report.

Indicative findings from Moriarty are believed to be just weeks away. Last Monday was the deadline for participants to make submissions or observations on the evidence to date.

In a letter to departments last July, announcing the government decision to end payments to tribunal legal teams and staff on completion of public hearings, finance minister Brian Lenihan made it clear: "This means, in effect, the tribunals will be expected to complete the report themselves in the light of the facts and legal arguments or advice presented during the public hearings."

The Sunday Tribune reveal­ed last month that the chairman of the Mahon tribunal personally met with environment minister John Gormley to complain about the government's decision. It is believed Mahon expressed concerns about how it would impact on the tribunal's efforts to complete its final report but Gormley did not concede any ground.