Richard Bruton (Dublin North Central, Fine Gael)
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Question 798: To ask the Minister for the Environment, Heritage and Local Government the total cost, number and nature of legal services sought by his Department from 1998 to 2004 and to date in 2005; and if he will make a statement on the matter. [22427/05]

Dick Roche (Wicklow, Fianna Fail)
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Legal advice has been sought on a variety of matters including, inter alia, representation of the Department in any litigation actions taken against it, advice on the drafting of legislation and the transposition of EU Directives, representation of the Department in arbitration hearings and various other activities related to the general administration of the Department. In the period from 1998 to date, legal advice has been procured on 69 occasions, accounting for payments of €1,375,396.76. This does not include payments in relation to the planning tribunal. Although this constitutes the great bulk of fees paid out by my Department to lawyers, the procurement of legal advice for the tribunal is not carried out by my Department.

My Department employs a legal adviser recruited in accordance with Civil Service procedures. While arrangements for the procurement of any further legal advice required is decided on a case-by-case basis, legal services are generally engaged following consultations with the Office of the Attorney General and, or, the Office of the Chief State Solicitor. Nominations or appointments and decisions on the level of fees paid are made or advised by those offices on the basis of a range of criteria, including the nature and urgency of the case, the strategies and objectives being pursued, the expertise and experience required, the availability of such expertise and the costs involved.