Ruairi Quinn (Dublin South East, Labour)
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Question 281: To ask the Tánaiste and Minister for Health and Children if her Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15764/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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My Department has sought and obtained legal advice on a wide range of issues over the period in question. Many issues require several separate legal advices. Most of the legal advice is provided on an ongoing basis by the Department's own legal adviser. In addition legal advice is provided by the Office of the Attorney General. However, the information requested on the cost of other legal services for the period mentioned is being compiled in my Department and will be forwarded to the Deputy as soon as possible.

Ruairi Quinn (Dublin South East, Labour)
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Question 282: To ask the Tánaiste and Minister for Health and Children the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of her Department. [15778/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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As the Deputy is aware, a substantial number of non-commercial semi-State bodies operate under the aegis of my Department. The staff employed in those agencies and their respective qualifications is a matter for the agencies concerned. Such information is not retained by my Department.

Legal advice to the Adoption Board is a matter for consideration by the Office of the Attorney General and or the Office of the Chief State Solicitor. The board seeks legal opinion from other jurisdictions to determine if their adoption legislation is compatible with Irish legislation. On average three or four such opinions are sought each year.

Ruairi Quinn (Dublin South East, Labour)
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Question 283: To ask the Tánaiste and Minister for Health and Children if her Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the Law Offices of the State 1997 that legal advice should be given to the Government only by the Attorney General and his office. [15792/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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My Department employs Ms Angela Ó Floinn to provide highly specialist legal advice to my Department in respect of new and existing legislation and to represent this Department on various consultative groups and at Comite Directeur pour la Bioethique, CDBI, to negotiate on EU directives and the transposition of EU directives into Irish Law. My Department also keeps in close contact with the Attorney General's office and the Chief State Solicitor's office as necessary.

The Deputy appears to refer to Chapter 4(7) of the 1997 report of the review group on the law offices of the State. Chapter 4(8) of that report recommends that:

A way should be found to reconcile the need to preserve the responsibility of the Attorney General, as legal adviser to the Government, for the provision of legal services to the Government as a collective body, with the obvious need for Departments to have advisers whom they can regard as "their own" and who will be available to give advice when and as they need it.

On 24 February 1998 the Government agreed that matters of Departments availing of outside legal services, and a mechanism for providing a dedicated legal adviser in certain Departments should be discussed further between the Office of the Attorney General and relevant Departments.

It is my understanding that there have been a number of developments in this area since the publication of the 1997 report of the review group on the law offices, including the proposed recruitment by the Office of the Attorney General of a number of advisory counsel who will be trained by the office, prior to secondment to Departments who seek legal advisers. This initiative is in line with conclusions reached in the Travers report on administration matters in the Department of Health and Children and recommendations of the appropriate joint Oireachtas committee thereon.