The Commission of Enquiry into UDeCOTT and the construction sector is back on track.

State-enterprise UDeCOTT is to return to the court within days to remove the stay on the proceedings of the Commission which had been imposed by the court, following a consent agreement between UDeCOTT and the Commission, last Friday. The request for the stay had been done at UDeCOTT’s insistence.

Justice Mira Dean-Armour last Friday approved an order that effectively shut down the Commission of Enquiry until the hearing of the application for judicial review is heard in February 2010.

Sources said last night that under the amended order which UDeCOTT would seek, there would be a requirement of 28 days notice if the Commission wishes to hold hearings or to present a report.

UDeCOTT’s turnaround comes in the face of widespread public disenchantment with the outcome of the court proceedings, especially after the earlier assurances had been given by Attorney General John Jeremie to Parliament that there was to be no stay on the Commission’s proceedings.

Political observers surmised last night it was clear that the Government, sensitive to this outcry, from within and outside of its ranks, forced UDeCOTT into a reversal of its earlier position.

Sources said a major difficulty with the existing order was that it prevented the Commission from preparing its report, a restriction which would now be lifted.

In a release issued last night, UDeCOTT was not specific. It stated: ’UDeCOTT has determined that the balance struck by the consent order presented last Friday can be even further improved, and its rights to fair treatment and fairplay and the public’s right to information even better secured, by certain adjustment to those orders. UDeCOTT has therefore instructed its attorneys to re-examine the consent order with a view to identifying any areas which might be adjusted to more fully achieve this balance, which is the desired objective of both UDeCOTT and the Commission of Enquiry. Once these further orders have been agreed, it is UDeCOTT’s intention to approach the High Court to seek the High Court’s leave to put such further orders in place. UDeCOTT remains committed to upholding the rule of law and assures the public of its commitment to fairplay’.

Sources said the amended position that UDeCOTT will ask the court to approve would be consistent with the understanding that the Attorney General had when he made his statement in the Senate last Thursday.

Jeremie told the Senate that day he had met UDeCOTT attorneys in Parliament on the previous day and ’I expressed my view that it was unfair for them to proceed with those claims at this time before the Uff Commission had had a realistic opportunity to be heard in respect of the application for interim relief. So the point is, the proceedings have not been stayed and my understanding is that whatever happens in court tomorrow, UDeCOTT will not seek to stay the proceedings of the commission, at least until such time as Prof Uff...has an opportunity to be heard in respect of the application for bias’.