Written answers
Tuesday, 25 April 2006
Department of Enterprise, Trade and Employment
Legal Services
9:00 pm
Ruairi 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]
Micheál 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 |
Ruairi 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]
Micheál 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 |
Ruairi 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]
Micheál 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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