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Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Was the 2014 budget less than the 2013 one?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Ms Creedon mentioned the complexity of the cases. Will she explain what she meant?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: I take Ms Creedon's point that some of it is foreseeable. If there is a petition about a referendum one cannot predict whether it will happen. Did you seek a bigger budget at the beginning of the year? Having not got it, were you subsequently proved right because it overran? How much of this came about through one-off complexities in the system?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: On the balance sheet there is a figure of €9.7 million for outstanding taxed costs owed to your office. I assume this is owed from people who have taken a case, lost and subsequently were ordered to pay costs.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: How much?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: How many litigants are involved in the remaining €4.7 million of the €5 million?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: The note states that the office pursues all outstanding costs. At what point does it decide it will not get something back?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: A question was asked about your ability to hire staff and the Chairman asked about the differentiation in salaries between what the private sector is offering and what the public sector offers. I trained as a solicitor myself right after the boom, when hundreds of my fellow solicitors were graduating into unemployment. Is there not a vast pool of people out there looking to be trained and...

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: What is the average differential at the moment?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: They would get between €30,000 and €35,000 with yourself and the DPP's office.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Do you hire solicitors with no experience, who have just graduated?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Is the solution a simple one, namely, to increase salaries?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: One of the areas for which your department is responsible is the processing of asylum claims and asylum litigation. Have you noticed a decrease in legal costs as a result of the policy change which has happened in the form of a more accessible approach to allowing people to remain in the State?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Is there a panel to hire counsel for your office? How many people are on that panel and how often does it rotate? If you can find a younger barrister or legal professional internally, who is just as competent but costs the State less, can you use them?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Are they new? Does it have to be applied for every year?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Why would those 340 barristers get the work as opposed to the others?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Is cost a factor in the choice? Does the barrister accept the fee allocated by the Attorney General and decide to either work at that rate or not?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: I appreciate that. Before a barrister is given a case, does the Office of the Attorney General set a fee or a rate? Although one cannot set a fee, given that a case could go on twice or three times as long as anticipated, there should be a structure for calculating the fee. Is it agreed beforehand or afterwards?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: As a qualified solicitor I have friends who have been members of the Bar for five or six years. They would give their right arms for some State work. The old adage is that one does not make any money as a barrister until one has been at it for at least seven or eight years. They are all doing extra jobs to pay the rent. With this pool of people who are not new but have been there for a...

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

Derek Nolan: Are there two rates, a senior and a junior counsel rate?

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