Ruairi Quinn (Dublin South East, Labour)
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Question 940: To ask the Minister for Defence the names of the lawyers employed in the office of the Deputy Judge Advocate General; if they are barristers or solicitors; and the process by which they are recruited. [15291/06]

Ruairi Quinn (Dublin South East, Labour)
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Question 941: To ask the Minister for Defence if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15776/06]

Ruairi Quinn (Dublin South East, Labour)
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Question 942: To ask the Minister for Defence the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15790/06]

Ruairi Quinn (Dublin South East, Labour)
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Question 943: To ask the Minister for Defence 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. [15804/06]

Willie O'Dea (Limerick East, Fianna Fail)
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I propose to take Questions Nos. 940 to 943, inclusive, together.

The Office of the Deputy Judge Advocate General has been disestablished since October 2004 and replaced by two independent offices, namely, the Office of the Director of the Defence Forces Legal Service and Director of Military Prosecutions, and the Office of the Judge Advocate. The Office of the Director of the Legal Service and Director of Military Prosecutions is held by Colonel William Nott BL. He has a legal staff of two commissioned officers, Commandant Richard Brennan BL and Commandant Paul Rochford BL. The Office of the Judge Advocate is currently held by Lieutenant Colonel P. A. McCourt BL. All commissioned officers within the Defence Forces legal service are qualified barristers.

The Office of the Director of the Legal Service is the preliminary source of legal advice for the Chief of Staff and Minister on all matters of military law and international law affecting the operations of the Defence Forces. The Office of the Director of the Legal Service and Director of Military Prosecutions also works closely with the Office of the Attorney General and Office of the Chief State Solicitor.

Recruitment for the Office of the Director of the Legal Service is by way of competitive interview following applications from suitably qualified commissioned officers from throughout the Permanent Defence Force. The required qualifications are to have been called to the Bar of Ireland, having achieved the required qualifications or to have been admitted to the Roll of Solicitors of Ireland, having achieved the required qualifications.

The Defence Forces employ two other qualified officers in a professional capacity for the purposes of legal work and advice at Defence Forces Headquarters. The claims administration section of the directorate of administration is staffed by two captains. Captain Noel Conway is a qualified solicitor and Captain Fintan McCarthy is a BCL graduate. These officers deal with the military aspects of personal injury and other such claims taken against the Minister and work with the corresponding civil branch within the Department of Defence secretariat. However, these two officers are not members of the Defence Forces legal service.

There are five other commissioned officers within the Defence Forces legal service, all qualified barristers, who advise the commanders of the various brigades and formations of the Defence Forces outside of Defence Forces Headquarters. The Department of Defence, in common with other Departments, seeks all ultimate legal advice from the Office of the Attorney General. The Department also works closely with the Office of the Chief State Solicitor in all legal matters.

The Defence Act 1954 provides at section 15 for the office of the civilian Judge Advocate General — JAG — who is a civilian lawyer appointed by the President, acting on the advice of the Government and charged with the performance of such duties as the Government may from time to time assign. The Judge Advocate General must be a practising barrister-at-law of at least ten years' standing at the time of the making of the appointment. Among the duties assigned are the furnishing of legal advice generally to the director of the Defence Forces legal service as regards matters of military law. The position is a part-time one and the holder is free to practice at the Bar in so far as such private practice would not be either potentially inconsistent with or prejudicial to the duties of the Office of Judge Advocate General. The civilian Judge Advocate General receives remuneration of €13,417 per annum.

There are no legal advisers or qualified lawyers employed in that professional capacity within the Civil Service secretariat of the Department of Defence. Individual civil servants working within the general administration of the Department may hold a legal qualification, for example, barrister-at-law. The Department of Defence includes the military branch of the Department under the title of Defence Forces Headquarters. The military branch of the Department consists of the respective offices of the Chief of Staff and of the two deputy Chiefs of Staff. The Office of the Director of the Defence Forces Legal Service and the Office of the Judge Advocate are integral parts of the Office of the deputy Chief of Staff — support. Where required, the Department obtains any special expert legal advice through the Office of the Attorney General.