Written answers

Tuesday, 25 April 2006

Department of Enterprise, Trade and Employment

Legal Services

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 438: To ask the Minister for Enterprise, Trade and Employment if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15769/06]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The information sought by the Deputy relating to my Department and its offices is set out in the tables.

2004
Name of Legal Adviser Purpose of Advice Total Cost for Year
â'¬
Amárach Consulting Research conducted into the Legal Framework as a barrier to online trading 42,350
Una Tighe Barrister Technical legal advice provided in the drafting of secondary legislation 7,018
Tomkins & Co. Ltd., Trade Mark & Patents Attorneys Legal services engaged to defend the Irish State Emblems (the Harp and the Shamrock) from unauthorised use or misuse in cases arising either within or outside the State. 993
O'Mara, Geraghty and McCourt Provision of legal advice to staff member 302
Neil Kennedy Examination of case in relation to Sect 191 of the Companies Act 1990 9,500
Prof. Robert Kirk Examination of case in relation to Sect 191 of the Companies Act 1990 4,500
McCann Fitzgerald Legal advice re case in relation to Sect 191 of the Companies Act 1990 3,950
Cathy Maguire B.L. Legal Services to the Office of the Director of Consumer Affairs (ODCA) 3,690
Gerard Hogan B.L. Legal Services to the ODCA 605
Oisín Quinn B.L. Legal Services to the ODCA 3,932
Martin G. Linnane Legal Services to the ODCA 726
Emily Egan B.L. Legal Services to the ODCA 738.
Martin G. Linnane State Solicitor Legal Services to the ODCA 986
Paul Fitzpatrick State Solicitor Legal Services to the ODCA 1,415
David Humphries B.L. Legal Services to the ODCA 1,391
Paul Gardiner BL Legal Services to the ODCA 726
Kennedy Fitzgerald Solicitors Legal Services to the ODCA 484
Gillece Callanan & Co. Legal Services to the ODCA 1,300
Michael D. Murray State Solicitor Legal Services to the ODCA 1,019
Martin G. Linnane State Solicitor Legal Services to the ODCA 363
Gerald Meaney State Solicitor Legal Services to the ODCA 484
S.F. Hughes & Co. Legal Services to the ODCA 302
J. Buckley & Company Solicitors Legal Services to the ODCA 23,550
Steen O'Reilly Solicitors Legal Services to the ODCA 728
Paul Fitzpatrick State Solicitor Legal Services to the ODCA 1,022
Rosario Boyle B.L. Legal Services to the ODCA 1,694
Brian Murray Legal Consultation Fees for the Office or the Director of Corporate Enforcement (ODCE) 8,318
Connolly Lowe Legal Consultation Fees 798
Paul Anthony McDermott Legal Consultation Expenses For ODCE 5,505
William Abrahamson B.L. Legal Consultation Expenses For ODCE 3,630
Conor Bourke Legal Consultation Expenses For ODCE 6,050
Cyril O'Neill & Co. Legal Costs Accountancy Assignments, Court Appearances for ODCE 9,688
Dixon Quinlan Legal and Prosecution Costs for ODCE 121
Edward J.P. Hanlon Legal Services For ODCE 393
Eileen Barrington S.C. Legal Consultation Expenses For ODCE 4,718
Grainne Clohessy Legal Consultation Expenses For ODCE 4,235
Mannion Aird & Co. Legal Services For ODCE 48
Michael Murray S.C. Legal Services For ODCE 60
Patrick P. Murphy Legal Services For ODCE 500
Remy Farrell Legal Consultation Expenses For ODCE 2,722
Rochford Brady Legal Searches and Services For ODCE 2,414
S.F. Hughes Legal Services For ODCE 154
Una Tighe Legal Consultation For ODCE 1,028
Kilroys Solicitors The provision of legal advice on issues arising in the operation of the Export Credit Insurance Scheme as and when required. 81,505
O'Mara Geraghty McCourt Legal Adviser to the Director of Consumer Affairs (Consultancy) 107,081
John Breslin Study of Unfair Commercial Practices Directive 7,260
John Hennessy B.L. Various investigations under Section 19 of the Companies Act, 1990 73,629
Quinn & Hampson Attorneys at Law Investigation under S.19 of the Companies Act, 1990 3,676
Caroline Costello Consultation Expenses For ODCE 19,239
Eanna Molloy Consultation Expenses For ODCE 15,648
Michael Cush Consultation Expenses For ODCE 15,367
Richard Nesbitt S.C. Legal Consultation Expenses For ODCE 4,416
2005
Name of Legal Adviser Purpose of Advice Total Cost for Year
â'¬
Tomkins & Co. Ltd., Trade Mark & Patents Attorneys Legal services engaged to defend the Irish State Emblems (the Harp and the Shamrock) from unauthorised use or misuse in cases arising either within or outside the State. 750
William Fry Solicitors Provision of legal advice in relation to implementation of the Prospectus Directive 68,321
McCann Fitzgerald Legal Advice re the Irish Auditing & Accounting Supervisory Authority — Memo and Articles of Association 5,445
McCann Fitzgerald Examination of case in relation to Sect 191 of the Companies Act 1990 5,324
McCann Fitzgerald Services re recruitment of Legal Adviser to the Irish Auditing & Accounting Supervisory Authority 907
McCann Fitzgerald Advice re levies to be imposed on companies by the Irish Auditing & Accounting Supervisory Authority 1,815
O'Mara Geraghty McCourt Legal Adviser to the Office of the Director of Consumer Affairs (ODCA) 97,270
James E. Cahill & Co. Legal Services to the ODCA 907
Matheson Ormsby Prentice Legal Services to the ODCA 116,005
Kennedy Fitzgerald Solicitors Legal Services to the ODCA 302
Jonathan Kilfeather B.L. Legal Services to the ODCA 1,554
Niall J O'Neill B.L. Legal Services to the ODCA 2,565
Cathy Maguire B.L. Legal Services to the ODCA 907
Patsy Gallagher & Co. Legal Services to the ODCA 1,694
Rory Hayden & Co. Legal Services to the ODCA 302
Cathy Maguire B.L. Legal Services to the ODCA 302
Elizabeth Cogan B.L. Legal Services to the ODCA 19,783
Billy Loughnane Legal Services to the ODCA 1,281
Edward O'Sullivan Solicitors Legal Services to the ODCA 30,297
Emily Egan B.L. Legal Services to the ODCA 1,270
Gerard Daly & Co. Solicitors Legal Services to the ODCA 3,025
Paul Gardiner S.C. Legal Services to the ODCA 23,050
John Hennessy B.L. Various investigations under Section 19 of the Companies Act, 1990 9,922
Denis McDonald S.C. Investigations under Section 19 of the Companies Act, 1990 1,906
Matthias Kelly Investigations under Section 19 of the Companies Act, 1990 194,817
Barry Healy & Co. Legal Services For ODCE 181
Denis McDonald Legal Consultation For ODCE 3,630
Eoghan Fitzsimons Legal Consultation For ODCE 1,210
Gwen Malone Legal Services For ODCE 178
Hugh Hartnett Legal Consultations For ODCE 32,670
Michael Cush Legal Consultations For ODCE 8,712
Paul Anthony McDermott Legal Consultations For ODCE 847
Shane Murphy Legal Consultations For ODCE 9,801
Rochford Brady Legal Services For ODCE 5,109
Seán Ó Ceallaigh & Co. Legal Services For ODCE 96
Anthony Kerr Legal Services for Employment Rights Group 3,025
Aillil O'Reilly B.L. Advice re consolidation of existing liquidation legislation 1,512
Caroline Costello B.L. Legal Consultation Expenses For ODCE 36,663
Eileen Barrington Fees to Counsel For ODCE 11,071
Remy Farrell Fees to Counsel For ODCE 40,867
Kilroys Solicitors The provision of legal advice on issues arising in the operation of the Export Credit Insurance Scheme as and when required. 32,000

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 439: To ask the Minister for Enterprise, Trade and Employment the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15783/06]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The recruitment of staff, including legal advisers and other qualified legal personnel, by the State bodies under the aegis of my Department is an operational matter for the bodies concerned. While I retain responsibility for policy issues, I am not responsible for the day-to-day operational activities of these bodies, which are statutorily independent. However, I am informed by the bodies concerned that the table shows the position as regards the number of legal advisers and other qualified lawyers employed.

Body Number Employed
Competition Authority 2
Enterprise Ireland 1
FÁS 0
Forfás 0
Irish Auditing & Accounting Supervisory Authority — IAASA 1
Industrial Development Agency — IDA 1
Inter-Trade Ireland 0
National Authority for Occupational Safety & Health 1
National Standards Authority of Ireland — NSAI 0
Personal Injuries Assessment Board — PIAB 2
Science Foundation Ireland — SFI 0
Shannon Free Airport Development Co. — SFADCo 1

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 440: To ask the Minister for Enterprise, Trade and Employment 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. [15797/06]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The following is the position with regard to the number of legal advisers employed by the Department and the offices of the Department. It is not the practice of my Department to disclose the names of civil servants.

The legal adviser employed by the Department in the company law area was recruited following a recommendation made in the report of the working group on company law compliance and enforcement. The working group was established in 1998 to identify ways of improving compliance with, and enforcement of, company law from a legislative, organisational and resources perspective. The report recommended that a full-time principal solicitor be recruited exclusively to assist company investigations work and to provide legal advice on company law issues that arise daily.

On its establishment, three legal adviser posts were assigned to the Office of the Director of Corporate Enforcement. As an enforcement body, ODCE requires internal legal advice for the director to implement the Companies Acts and to assist in the investigation and prosecution of criminal and civil cases. The legal adviser in the Companies Registration Office is subject on matters of legal opinion to the Attorney General and seeks decisions from his office as necessary.

The registrar of companies regularly has to make decisions requiring interpretations of law. There is extensive correspondence with legal firms on points of law. Both the registrar and the legal adviser are involved in extensive work with the company law review group. The benefit of the legal adviser position in the CRO is that advice is readily available on the issues that arise daily.

The Director of Consumer Affairs is an independent statutory officer and as such requires, on occasion, independent legal advice on a range of issues. The office has a consultancy contract with a legal adviser who supports the office on a part-time basis.

Section 13(1)(a) of the Industrial Relations Act 1946 provides that the Minister shall appoint to be registrar of the Labour Court a practicing barrister or practicing solicitor of not less than ten years' standing. The registrar holds office on such terms and receives such remuneration as the Minister for Finance determines.

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