Written answers
Wednesday, 17 December 2008
Department of An Taoiseach
Departmental Staff
8:00 pm
Bernard Allen (Cork North Central, Fine Gael)
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Question 134: To ask the Taoiseach if the contract drafters hired between 1996 and 2008 from outside the EU received training in European Communities law in the Office of the Attorney General before transposing European directives and regulations. [46767/08]
Bernard Allen (Cork North Central, Fine Gael)
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Question 135: To ask the Taoiseach if the contract drafters hired between 1996 and 2008 received training in Irish law in the Office of the Attorney General before drafting Irish legislation. [46768/08]
Bernard Allen (Cork North Central, Fine Gael)
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Question 140: To ask the Taoiseach if he will furnish the written instructions given to contract drafters on being hired to ensure uniformity of style. [46773/08]
Bernard Allen (Cork North Central, Fine Gael)
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Question 141: To ask the Taoiseach if knowledge of Irish law and European Communities law is a requirement before being hired as a contract drafter of Irish legislation in the Office of the Attorney General. [46774/08]
Brian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 134, 135, 140 and 141 together.
I am advised by the Attorney General that when seeking contract drafters the Office of the Attorney General requires candidates to possess very high levels of skill and experience in common-law jurisdiction. Many have formerly been heads of Offices in their own jurisdictions and all come with the highest recommendations. Where it is necessary, the Office arranges appropriate training to ensure that such staff are fully competent to perform any particular task they are assigned. This is in accordance with Office practice as training is available to all Office staff as necessary.
Contract drafters are given any necessary guidance in relation to relevant issues including Irish Constitutional Law, Administrative Law, European Law and the European Convention on Human Rights. It is not a requirement that contract drafters have a prior knowledge of Irish and European Community Law on their engagement as this expertise already exists in the Office. Contract drafters are assigned to Groups within the Office of the Parliamentary Counsel to the Government. These Groups are headed by permanent Parliamentary Counsel at Assistant Secretary and higher level who provide the necessary expertise where required, including in Constitutional, Irish and European law. These Parliamentary Counsel monitor and guide the work of the contract drafters and deal with issues on drafting files as appropriate. Additionally, as with all drafting staff, contract staff work closely with Advisory Counsel in the AGO who are specialists in their legal field. Contract drafters are supplied with the Office's Drafting Manuals and this assists in ensuring a standard approach. Finally, of course, like all drafters, contract drafters work in close liaison with the Departments sponsoring the Bills and statutory instruments that they are drafting.
There are procedures within the Office for quality assurance of all drafting files prior to the transmission of final drafts of legislation to client Departments. Furthermore, where legal issues arise on drafting files, requests for advice are made to Advisory Counsel and in some cases submissions are made by the Advisory Counsel to the Attorney General in relation to these issues.
It should also be noted that contact drafters have, allied to their extensive drafting skills, and experience, brought other insights and expertise into the Office. Their advice in respect of Bill management at Government level and their knowledge of other jurisdictions' steps to improve the clarity of legislation have been of much assistance to the Office in developing its views and know-how on these matters. This is an important contribution to the continuous development of skills and expertise in the Office. The Office also utilises the skills and experience of the contract staff in the training of its own permanent staff.
Bernard Allen (Cork North Central, Fine Gael)
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Question 136: To ask the Taoiseach the number of permanent drafters who left their positions in the Office of the Attorney General each year from 2003 to 2008 to take up other positions in the public service. [46769/08]
Brian Cowen (Laois-Offaly, Fianna Fail)
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The figures sought by the Deputy are as follows:
Year | Number |
2003 | None |
2004 | None |
2005 | 2, of whom one left on secondment for a position in the Irish Public Service and one left on career break for a position with the OECD |
2006 | None |
2007 | 1 left for a position in the Irish Public Service |
2008 | 1 left for a position in the Irish Public Service |
Bernard Allen (Cork North Central, Fine Gael)
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Question 137: To ask the Taoiseach the number of contract drafters employed by the Office of the Attorney General on 1 January in each year from 1996 to 2008. [46770/08]
Brian Cowen (Laois-Offaly, Fianna Fail)
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The figures sought by the Deputy are as follows:
Year | Number |
1996 | 3 |
1997 | 2 |
1998 | 2 |
1999 | 4 |
2000 | 2 |
2001 | 4 |
2002 | 4 |
2003 | 5 |
2004 | 6 |
2005 | 5 |
2006 | 7 |
2007 | 6 |
2008 | 5 |
Bernard Allen (Cork North Central, Fine Gael)
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Question 138: To ask the Taoiseach the number of entry level advisory counsel who entered the Office of the Attorney General each year from 2000 to 2008. [46771/08]
Brian Cowen (Laois-Offaly, Fianna Fail)
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The figures sought by the Deputy are given below. Entry level advisory counsel entering in 2006, 2007 and 2008 were largely recruited for secondment as legal advisers to other Government Departments and Offices.
Year | Number |
2000 | None |
2001 | 8 |
2002 | 2 |
2003 | 3 |
2004 | 1 |
2005 | None |
2006 | 6 |
2007 | 7 |
2008 | 4 |
Bernard Allen (Cork North Central, Fine Gael)
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Question 139: To ask the Taoiseach the number of entry level drafters who entered the Office of the Attorney General each year from 2000 to 2008. [46772/08]
Brian Cowen (Laois-Offaly, Fianna Fail)
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The figures sought by the Deputy are as follows:
Year | Number |
2000 | None |
2001 | 3 |
2002 | 2 |
2003 | None |
2004 | 2 |
2005 | None |
2006 | 2 |
2007 | None |
2008 | 3 |
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