Written answers
Tuesday, 25 April 2006
Department of Finance
Legal Services
9:00 pm
Ruairi Quinn (Dublin South East, Labour)
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Question 330: To ask the Minister for Finance if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15765/06]
Brian Cowen (Laois-Offaly, Fianna Fail)
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In general, my Department uses the Office of the Attorney General and the Office of the Chief State Solicitor for legal services. However, my Department has engaged outside legal advisers in circumstances requiring legal advice of a specific and-or specialist nature.
The following table shows the amounts paid by my Department in 2004 and 2005 to outside legal advisers.
| Legal Adviser | Purpose of contract | 2004 | 2005 |
| â'¬ | â'¬ | ||
| McCann Fitzgerald Solicitors | Secondment of a solicitor to assist in relation to legal matters arising within my Department. | 77,407 | 0 |
| Matheson Ormsby Prentice | Advice on the terms & conditions of contracts for the purchase of electricity by a number of Departments and public sector bodies. | 12,233 | 0 |
| Denis Kelleher BL | Drafting of Statutory Instrument. | 2,178 | 0 |
| A&L Goodbody Solicitors | Development of the standard terms of a contract for civil engineering works projects and associated guidance. | 55,524 | 557,556 |
| A&L Goodbody Solicitors | Legal advice in relation to the sale of ACC Bank. | 79,631 | 182,468 |
| McCann Fitzgerald | Drafting of conditions of engagement for construction related services and a price variation clause for construction contracts. | 0 | 85,184 |
| Michael M. Collins S.C. | Advice in relation to a discovery order from the Commission to Inquire into Child Abuse. | 0 | 968 |
| A&L Goodbody Solicitors | Compilation of a compendium of Public Private Partnership contractual terms and conditions. | 0 | 151,148 |
Ruairi Quinn (Dublin South East, Labour)
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Question 331: To ask the Minister for Finance the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15779/06]
Brian Cowen (Laois-Offaly, Fianna Fail)
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I have been informed by the bodies concerned that the following is the position as regards the number of legal advisers and other qualified lawyers employed in a professional capacity by State bodies under the aegis of my Department.
| Name of the body | No. of internal legal advisers |
| National Treasury Management Agency | 12 — of which one on National Development Finance Agency work, nine on State Claims Agency work. |
| Central Bank and Financial Services Authority of Ireland | 11 |
Ruairi Quinn (Dublin South East, Labour)
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Question 332: To ask the Minister for Finance if his 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 1997 report of the review into the law offices of the State that legal advice should be given to the Government only by the Attorney General and his office. [15793/06]
Brian Cowen (Laois-Offaly, Fianna Fail)
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My Department does not have a legal adviser of its own. Legal advice to my Department is provided by the Office of the Attorney General and the Chief State Solicitor's office.
In the Office of the Revenue Commissioners, the Revenue solicitor predates the foundation of the State and the Revenue Commissioners Order of 1923. Currently, the office has a staff of 14 solicitors, 16 law clerks and 12 support staff. The Revenue solicitor provides all legal advice and services to the Revenue Commissioners. Names of all serving staff can be provided if required.
The Office of Public Works does not retain its own legal advisers but has a service level agreement in place with the Chief State Solicitor's office. The OPW also avails of advice from the Office of the Attorney General as appropriate.
The Office of the Ombudsman and the Office of the Information Commissioner employ Mason, Hayes and Curran for the purposes of obtaining legal advice as necessary, and in the provision of legal services to the offices for appearances before the High Court and Supreme Court, where required.
The offices are mindful of the recommendation in the 1997 report of the review group into the law offices of the State that legal advice should be given to the Government only by the Attorney General and his office. However, the Ombudsman and the Information Commissioner are statutorily independent of Government. The Ombudsman investigates complaints against Departments and other public bodies and makes recommendations for redress as appropriate; the Information Commissioner reviews decisions of Departments and public bodies in matters relating to the Freedom of Information Acts 1997 and 2003. In view of the offices' functions and independence, it is appropriate for them not to use the services of the Attorney General, given that he frequently advises Departments on complaints and FOI matters which are the subject of investigation by the Ombudsman and the Information Commissioner.
The Valuation Office does not have its own legal adviser. There are no legal advisers in the State Laboratory. The Public Appointments Service does not have its own legal advisers.
The Office of the Commission for Public Service Appointments does not have a post of legal adviser. However the office has retained the services of Matheson Ormsby Prentice to provide it with legal advice as required. As the commission is an independent office it does not consider it appropriate to use the services of the Attorney General for legal advices.
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