Mary Lou McDonald (Dublin Central, Sinn Fein)
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To ask the Minister for Public Expenditure and Reform if he will provide details in tabular form for the years 2008, 2009, 2010, 2011 and to date in 2012 inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers' and solicitors' firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender; and if he will make a statement on the matter. [45319/12]

Brendan Howlin (Wexford, Labour)
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My Department was established in 2011. Expenditure in relation to any legal advice sought from 2008 to December 2010 is covered by material provided by the Department of Finance. In respect of 2011 and to date in 2012 the following is the position:

The position in respect of the offices and agencies under the aegis of my Department is as follows:

Valuation Office

The Valuation Office do not directly engage counsel or solicitors. Legal advices relating to valuation cases are requested from the Chief State Solicitor’s Office. The CSSO makes the arrangements to obtain and provide the advices. Requests for legal advices relating to administrative matters are requested from the Attorney General’s Office. The legal advices are provided by the staff of the Attorney General’s Office.

Public Appointments Service

Office of the Information Commissioner/Office of the Commissioner for Environmental Information

The Office of the Information Commissioner engages legal advisors to act for the Commissioner in relation to appeals to the High Court of review decisions of the Commissioner, and in relation to any subsequent appeal to the Supreme Court, to advise generally on procedural matters arising under the FOI Acts, to provide legal advice on the interpretation of the FOI Acts or of other statutes, or on other legal questions, to assist, where appropriate, in the drafting of decisions by the Information Commissioner or her staff under the FOI Acts; and to advise, where appropriate, on referring questions of law to the High Court under subsection 42(5) of the FOI Acts.

The Office of the Commissioner for Environmental Information engages legal advisors to act for the Commissioner in relation to appeals to the High Court, made under Article 13 of the Regulations and in relation to any subsequent appeal to the Supreme Court, to advise generally on matters arising from the Commissioner's role in the Regulation or the Directive, including matters of European law, to assist, where appropriate, in the drafting of decisions by the Commissioner or her staff; and to advise, where appropriate, on referring questions of law to the High Court under Article 11(9) of the Regulations.

Office of the Ombudsman

The Office of the Ombudsman engages legal advisors to provide legal advice on the interpretation of the Ombudsman Act, other statutes, statutory instruments, regulations etc. as applying to bodies within remit or on other legal questions and to represent the Ombudsman in any legal proceedings in which the Office is involved.

Standards in Public Office Commission (SIPO)

The Standards in Public Office Commission engages legal advisors to advise on matters arising relating to the functions of the Standards Commission under the Ethics in Public Office Acts 1995 and 2001, the Electoral Act 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001, including procedural matters, interpretation of the legislation, specific requests for advice received under the legislation, investigations under the Ethics in Public Office Acts 1995 and 2001, enquiries conducted under the Electoral Acts 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001.

Commission for Public Service Appointments (CPSA)

* The Offices of the Ombudsman/Information Commissioner/Commissioner for Environmental Information and the Standards in Public Office Commission engage legal advisors following the completion of formal tender processes. On occasion, Counsel is required to represent one of the Offices in the Courts. In such cases, Counsel is generally engaged on the recommendation of the relevant Office’s legal advisors, having regard to the nature of the court case, the relevant expertise required and the availability of Counsel.

Furthermore, the Offices are approved bodies under the Direct Professional Access (DPA) Scheme of the Bar Council. Occasionally, legal advice is urgently required from a person who is known to have expertise in a particular area and is familiar with the work of the Office. In such cases, Counsel is directly engaged under the DPA arrangements.

Office of Public Works (OPW)

The Office of Public Works uses the services of the Office of the Attorney General and the Office of the Chief State Solicitor (CSSO) for legal advice. I would further advise that all procurement of external counsel by the CSSO, on behalf of the OPW, was handled by that Office, upon the nomination of the Attorney General.

For areas which the CSSO did not have the necessary expertise, OPW entered into a service level agreement with the CSSO in 2005, which negotiates rates with a number of legal firms for the provision of legal advice. Eight panels were formed in areas where such specialised legal expertise was identified as being required, and a panel of solicitors created for each area.

The costs associated with the provision of advice to the OPW by the Office of the Attorney General and the office of the Chief State Solicitor are borne by their respective Votes.

The table below outlines the legal services procured by OPW in the period 2008-to date in 2012.

State Laboratory