Written answers

Tuesday, 25 April 2006

Department of An Taoiseach

Departmental Legal Advice

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 104: To ask the Taoiseach 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. [15286/06]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 106: To ask the Taoiseach the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15288/06]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 108: To ask the Taoiseach if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15290/06]

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 104, 106 and 108 together.

My Department does not have a legal adviser. Any legal advice required by my Department or bodies under its aegis is sought from the Office of the Attorney General.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 105: To ask the Taoiseach the State bodies other than Departments to which the Attorney General gives legal advice. [15287/06]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 107: To ask the Taoiseach if effect has been given to the recommendation in the Report of the Review into the Law Offices of the State 1997 that Departments or offices should obtain the approval of the Office of the Attorney General before outside legal advisers are engaged. [15289/06]

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 105 and 107 together.

My Department does not have a legal adviser. Any legal advice required is sought from the Office of the Attorney General. The Attorney General is legal adviser to the Government and attends Government meetings in that capacity.

There have been a number of developments since the 1997 Report of the Review Group on the Law Offices, which was published on 24 February 1998, namely: the Office of the Attorney General, including the Office of the Chief State Solicitor, as indicated in its statements of strategy, annual reports and other publications, organises itself so that lawyers specialise in a range of legal areas so as to be best placed to meet the underlying needs of its client Departments-offices; the Office of the Attorney General and the Office of the Chief State Solicitor, in their periodic review meetings with Departments and offices, their operation of their client and customer charters and the formation by the Office of the Attorney General of its client panel, which had its inaugural meeting last November, are in close contact with their clients and customers and the Departments who engage their own legal advisers; and the Office of the Attorney General has been consulted on the long-term engagement of new legal advisers by certain Departments and has indeed been represented on relevant interview selection boards.

The most recent development has been the agreement reached between the Office of the Attorney General and the Department of Finance on the recruitment by the office of a number of advisory counsel who will be trained by the office, prior to secondment to Departments who are seeking legal advisers. Pursuant to this agreement, the Office of the Attorney General, in co-operation with the Public Appointments Service, recently ran a competition and the first recruits are to take up duty in the office on 2 and 8 May, respectively. Two or three further appointments are envisaged as five Departments have agreed, in principle, to the arrangement. The office is currently finalising protocols to be agreed with the relevant Departments. This initiative is in line with conclusions reached in the Travers report on administration matters in the Department of Health and Children and recommendations of the appropriate Oireachtas joint committee thereon.

Most legal advice given by the Office of the Attorney General to State bodies follows requests from the appropriate Department and includes bodies such as the Office of Public Works, the Central Statistics Office, the Registrar General, the Adoption Board, the Garda, the Companies Registration Office, the Land Registry, the Public Appointments Service, the State Laboratory and, on occasion, the Office of Tobacco Control.

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