Written answers

Tuesday, 25 April 2006

Department of Foreign Affairs

Legal Services

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context

Question 376: To ask the Minister for Foreign Affairs if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15767/06]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context

Question 377: To ask the Minister for Foreign Affairs the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15781/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 376 and 377 together.

The Department of Foreign Affairs is responsible for two Votes, Vote 28, foreign affairs, and Vote 29, international co-operation. For the period in question, the Department sought advice on a range of administrative matters such as contracts, procurement and employment issues at headquarters and at our missions abroad, as well on a specific consular matter in Indonesia.

The Department of Foreign Affairs manages over 100 buildings abroad, residences for heads of mission and chancery offices, and legal advice is routinely sought from locally engaged lawyers on matters such as lease agreements, conveyancing and major maintenance and refurbishment work. The information requested by the Deputy is set out in table 1. However, in the time available, it was not possible to provide details of each of the advisers who provided legal advice to our missions overseas.

There are currently four bodies under the aegis of my Department: the advisory board to Irish Aid; the development education advisory committee, DEAC; the Díon committee; and the Ireland — United States commission for educational exchange, known as the Fulbright commission. None of these employ legal advisers or qualified lawyers in a professional capacity.

Table 1: Expenditure on Legal Services — Vote 28 and Vote 29
Legal Advisers Purpose of Advice Expenditure 2004 Expenditure 2005
â'¬â'¬
Ronan Daly Jermyn Legal advice relating to contracts and public procurement. 16,360.25
Mason Hayes and Curran Legal advice in relation to the Automated Passport System Project. 9,971.00 35,423.00
State Claims Agency Legal fees incurred by the State Claims Agency on behalf of the Department. 302.50
SSEK (Indonesia) Legal fees on a specific consular case. 50% of this fee will be refunded to the Department by the Office of the Attorney General 44,139.16
Various legal firms/advisers abroad. Legal services in relation to Ireland's development cooperation programme including on contracts, labour law and taxation. 8,944.00 11,148.00
Various legal firms/advisers abroad. Legal advice relating to lease agreements, conveyancing and major maintenance and refurbishment of State properties abroad. 136,055.00 104,771.00

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context

Question 378: To ask the Minister for Foreign Affairs 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 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. [15795/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The legal division of the Department of Foreign Affairs comprises seven lawyers and is headed by the legal adviser. The role of the division is primarily to advise the Minister for Foreign Affairs and the Department on matters of public international law, human rights law and EU law.

The report of the review group, paragraphs 4.13-4.17, acknowledges the distinction between the role of the legal division and that of other departmental legal officers. It notes the distinct and long-standing nature of the post, since 1929, and the focus of legal division on public international law. The report provides that "it is clear that a public international law advisory section located in the Department of Foreign Affairs makes sense, because public international law is continually evolving in line with state practice and is informed by policy considerations to an extent unknown in other branches of law". It also recognises that the role of legal adviser to the Department of Foreign Affairs is well established on the international level and is "the usual way in which the legal services required by Foreign Ministries are organised". It is a particular role which is common to all member states of the European Union and the United Nations.

Names of officers: Legal adviser: Ms Patricia O'Brien. Deputy legal adviser: Mr. James Kingston. Assistant legal advisers: Ms Emer Kilcullen; Mr. Brendan McMahon; Ms Lisa Walshe; Ms Nuala Ní Mhuircheartaigh; Mr. Trevor Redmond.

Comments

No comments

Log in or join to post a public comment.