Written answers

Thursday, 4 November 2010

Department of Finance

Departmental Expenditure

2:00 pm

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael)
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Question 130: To ask the Minister for Finance if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and 2010; the reason for each such procurement; and if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40941/10]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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In general, my Department uses the services of the Office of the Attorney General and the Office of the Chief State Solicitor. However it seeks outside legal advisors in circumstances requiring legal services of a specific nature. The costs associated with the Office of the Attorney General and the Office of the Chief State Solicitor are borne by their respective Votes. The following tables set out the detail sought by the Deputy in relation to the legal fees paid by my Department and by the Offices under the aegis of my Department for the years 2007, 2008, 2009 and to date in 2010.

The Office of Public Works was unable to provide the information requested by the Deputy in the time available, however, this information is being collated and will be issued directly to the Deputy.

Advisor2007200820092010(to date)ReasonTendered(Yes/No)
McCann Fitzgerald048,40000Advice relating to procurement of air/ transport agency servicesYes
McCann Fitzgerald39,32514,66400Advice relating to Public Sector Standard Conditions of engagement for construction consultantsYes
Matheson OrmsbyPrentice25,549000Advice relating to general supplies and services contractsYes
Max Abrahamson12,100000Advice relating to Public Sector Standard Conditions and amendments to Arbitration and Conciliation regulationsYes
Arthur Cox01,628,0245,875,8693,907,000Advice relating to bank guarantee schemeNo*
A&L Goodbody137,090182,00700Advice relating to Standard Public Works Contracts for works contractorsYes
A&L Goodbody66,657000Advice relating to Public Private Partnership, terms and conditionsYes
A&L Goodbody112,050000Advice relating to sale of ACC bankYes
Paul O'Higgins S.C.00015,125Advice provided to Messrs Regling and Watson as part of their preliminary investigation into the banking sectorYes

*Normal procurement procedures were not followed because of the urgency of the issue.

Advisor2007200820092010(to date)ReasonTendered(Yes/No)
Public Appointments Service
Matheson OrmsbyPrentice017,00000Advice in relation to awarding of a commercial contractNo*
Office of the Commission for Public Service Appointments
Matheson OrmsbyPrentice130,000115,000109,0007,000General advice in relation to the Commissions workYes
State Laboratory
Darach ConnollySolicitors0103,00000Advice in relation to a personal injury claim**
Sarah Mahon Solicitors0086,000Advice in relation to a compensation claim by an individual**

*Normal procurement procedures were not followed because of the urgency of the issue.

**The Chief State Solicitors Office engaged the services of the solicitors involved on behalf of the State Laboratory.

A payment of €1,000 in 2010 was made to the State Claims Agency for legal opinion they received in a case involving the issuing of incorrect results by the State Laboratory. Both the Valuation Office and the Office of the Appeals Commissioners incurred no legal fees in the period in question.

Revenue

The Revenue Solicitor provides legal services for Revenue and in that capacity engages external barristers in circumstances that require specific legal advices and legal opinions on issues in Tax, Customs and general litigation, for advising proofs for Court and Administrative Tribunal cases and for providing full advocacy services in the conduct on Tax, Customs and general litigation (both civil and criminal) before the District, Circuit, High and Supreme Courts, Appeal Commissioners and other administrative tribunals. The use of a competitive tendering process for these services is not feasible.

Details of the amounts paid to various external barristers in the years 2007, 2008, 2009 and to end October 2010 are given in the following table as Counsel Fees. Revenue also engages external solicitors for various services of a legal nature. The majority of these services relate to the collection/recovery of debt due to Revenue/Exchequer. For the years in question Revenue's Office of the Collector General engaged firms of solicitors following tendering processes in line with public procurement guidelines. Details of payments made to each of these firms of solicitors are given in the following table.

Revenue
Description2007200820092010(to date)Total
Engagement of BarristersCounsel Fees1,315,2521,914,8801,660,464837,1285,727,724
For the supply of legal services for the collection/ recovery of debt due to Revenue/ ExchequerHolmes, O'Malley, Sexton714,861838,145738,295605,8862,897,187
Ivor Fitzpatrick & Co643,981615,3451,155,080826,0263,240,432
George V Maloney684,732471,984598,573399,9862,155,275
Mason, Hayes & Curran633,536773,212662,172519,4082,588,328
Matheson, Ormsby, Prentice916,065794,517746,975622,6803,080,237
Pierse & Fitzgibbon741,625846,706837,588300,4782,726,397
Patrick J Brady & Co7,4530007,453
Lavelle, Coleman000182,369182,369
Miscellaneous Legal17,36520,73162,10223,150123,349
Commissioner for Oaths & Other legal servicesCommissioner for Oaths30,04248,07263,52445,061186,699
P35 ProsecutionsState Solicitor05,0968412946,231
Total5,704,9126,328,6896,525,6154,362,46622,921,682

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