Ruairi Quinn (Dublin South East, Labour)
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Question 158: To ask the Minister for Education and Science the amount of money budgeted for and spent for the years 2005, 2006 and 2007 on legal fees and related costs arising out of civil actions brought by individuals against his Department; the amount of expected invoices due; the amount budgeted for in 2008; and if he will make a statement on the matter. [22321/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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As the amount of legal fees and costs can vary from year to year depending on the number of cases and other variables, my Department does not retain a fixed budgetary allocation for such fees. While indicative amounts may be set aside within particular expenditure subheads of my Department once a particular action is underway, it would not be prudent to ring-fence significant amounts as a general contingency, particularly when the length of the proceedings cannot be determined.

My Department must also have regard to the fact that it is within the jurisdiction of the Courts to determine the outcome of litigation and to issue rulings in relation to the award of costs.

The amount actually spent in the years 2005, 2006 and 2007 on legal fees and related costs (including settlements and payments awarded by the Courts) is as follows:

2005 — €2,916,000.00

2006 — €3,182,000.00

2007 — €1,474,000.00

It should be noted that these figures include legal costs relating to Community and Comprehensive Schools, as the State provides a general indemnity to the authorities of these schools in respect of actions or claims made against them by visitors, parents or other members of the public in respect of accidents etc. occurring on school premises. Also included is the cost of actions pursued by the State Claims Agency.

Since 1st September 2005, all personal injury claims against the Minister for Education and Science have been delegated by the Government to the State Claims Agency. A consequence of this is that the State Claims Agency has sole responsibility for deciding the approach to be adopted in litigation and for determining how individual cases are conducted. Payment of all State costs in these actions is made directly by the Department.

Finally, it might also be noted that the bulk of the legal costs incurred by the State in defending those cases which are brought to court, are not met directly by my Department. In accordance with financial procedures in cases involving damages or compensation against the State, costs are generally charged to the Chief State Solicitor's Office Vote as sanctioned by the Attorney General.