Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I can answer the Deputy's question on Vote 6. I will give her the position, and if she needs more detail, I will try to get it to her directly. The Deputy is referencing Vote 6, the Office of the Chief State Solicitor. The majority of expenditure on external expertise by that office and by the Office of the Attorney General is on engagement with counsel, whose services are required so the State can adequately defend itself in legal proceedings taken against it and ensure it is not exposed to significant financial or reputational risk as a result of such proceedings. They jointly operate a system of evaluating the work done by each counsel and then decide on the appropriate fee in each and every case.

The Chief State Solicitor's office has, since 2019, instigated a far more intensive process of evaluation of fees to be paid in a tight budgetary management process. This is being supported in that particular office by the work of a high-level professional fees control group and greater guidance to staff. The methodologies for assessing fees at the higher levels consist of the application of the assessment process. Following nomination by the Attorney General, counsel undertake the legal work and submit a fee note. That is evaluated and a decision is then made on what level of fees are reasonable for the work, taking into account the complexity of the case, the amount of work done by counsel and his or her performance.

As the Deputy stated, it is fair to say that fees paid by the State are lower than those in private practice. Expenditure under that particular subhead is difficult to predict as it is a demand-led service. The number of cases before the courts and the value of actions taken against the State is outside the control of that particular office. Projections are based on expenditure in previous years but it can fluctuate as well. If the Deputy needs any further detail, I can ask that it is sent to her.