Alan Shatter (Dublin South, Fine Gael)
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Question 308: To ask the Minister for Finance in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1622/11]

Alan Shatter (Dublin South, Fine Gael)
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Question 310: To ask the Minister for Finance with regard to legal services used by his Department, any Body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitor's firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1652/11]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Question Nos. 308 and 310 together.

In general, My Department uses the Services of the Office of the Attorney General and the Office of the Chief State Solicitor. However it seek outside legal advisors in circumstances requiring legal services of a specific nature. The costs associated with the Office of the Attorney General and Office of the Chief State Solicitor are borne by their respective votes.

The following table sets out the details requested by the Deputy:

Legal advice sought for which no tender competition was held

*Eminent independent Irish contract lawyer engaged to carry out peer review of new public works contracts.

** The expert legal drafter of public works contracts was engaged to verify the accuracy of the training consultants training material in regard to contracts

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

Legal advice provided following tender process

I am informed by the Revenue Commissioners that, following an open tender process undertaken in 2009, Revenue entered into contracts with six firms of solicitors to provide legal services associated with debt collection and recovery. The contracts came into operation with effect from 1 January 2010 and will remain in force for six years.

I understand that Revenue took particular care to ensure that the open tender process fully adhered to public procurement guidelines. To assist in the tender preparation process, Revenue utilised the services of Messrs. Philip Lee, Solicitors, Dublin and Messrs. Cyril O'Neill, Legal Cost Accountants, Dublin.

The six firms of solicitors, and the total amount of fees paid to each of the firms in 2010, are listed in the table below. Another firm, George V. Maloney, that completed work for Revenue in 2010 under the terms of a previous contract, is also included.

The National Asset Management Agency held the following tender competitions for legal services in the 2009 and 2010. In May 2009 a tender competition was held to appoint legal a legal adviser to advise and assist the NTMA in its preparatory work in structuring NAMA and to ensure that enabling legislation was fit for purpose. No legal firm was employed in the running of the tender process. The successful tenderer was Arthur Cox. The work tendered for involved providing legal advice in relation to NAMA's corporate framework, the planning and design of the legal framework for participation in NAMA and advice on legal issues which will be incorporated into the draft legislation, including the following areas:

- legal structure of NAMA; state owned company or statutory body corporate

- legal structures for NAMA and NAMA sponsored SPVs

- banking and regulatory issues

- constitutional and administrative law issues

- asset transfers - legal requirements and options

- asset management - options for servicing, restructuring and disposal

- enforcement of security - legal requirements and options

- legal relationships with participating banks, syndicate banks and other

stakeholders

- formulation of standard term sheet and conditions for participation

- design of due diligence process for asset transfers

- design of documentation for asset transfers

- design of servicing agreements and other matters ancillary to participation

The fee received by Arthur Cox for the work carried out amounted to €911,250

On the 31 July 2009 a further tender competition was held to procure a panel of suitably qualified and experienced Irish qualified legal advisers to advise and assist the National Treasury Management Agency ( and on its establishment, the National Asset Management Agency) in carrying out legal due diligence on the Irish assets that will be acquired by NAMA( i.e. loans and other security documents governed and construed in accordance with Irish law). No legal firm was employed in furnishing advice with regard to the tender process. The list of 67 firms selected to provide due diligence services are listed in the following table.

The nature of the work to be carried out by the successful companies was as follows : - Review of bank due diligence reports and making recommendations to NAMA based on such review

- Making further due diligence enquiries in connection with certain assets

- Updating due diligence to the date of acquisition and dealing with any material adverse change issues

- Dealing with legal issues in the completion process in coordination with NAMA's other professional advisers

-

The due diligence reports submitted by the Participating Institutions include the following fields of enquiry in respect of loans and underlying security:

1. Summary of the facility

2. Default status

3. Hedging arrangements

4. Security arrangements

5. Corporate capacity and authority

6. Security registration

7. Inter-lender agreements

8. Development and construction matters including planning and environmental

9. Litigation and disputes

10. VAT and other taxes

11. Ancillary reporting of occupational leases, agreements for

The fees paid to the successful tenderers are outlined in the following table:

NAMA Legal due diligence panel fees

On the 31st March 2010 the National Asset Management Agency held a tender competition seeking to appoint panels of suitably qualified and experienced Irish and UK qualified legal advisers to advise and act for NAMA in Enforcement and refinancing matters. No legal firm was engaged in the tendering process. The list of successful tenderers is as follows:

NAMA Legal Enforcement and Refinancing Panel

Panel - Ireland Enforcement Group 1

Panel - Ireland Enforcement Group 2

Panel - UK Enforcement Group 1

Panel - UK Enforcement Group 2

Panel - UK Refinancing Group 1

Panel - UK Refinancing Group 2

The nature of the work to be undertaken by the successful tenderers was as follows:

Enforcement Category

Enforcement of any security, guarantee, indemnity or surety held by NAMA in respect of assets that will be acquired by NAMA including but not limited to the following legal areas.

1. The requirements of and options under the

National Asset Management Agency Act 2009 for

NAMA to best meet its statutory objectives;

2. Insolvency law;

3. Litigation;

4. Land and Conveyancing Law in Ireland, UK and

other jurisdictions; and

5. Banking and Commercial Law

Refinancing Category

Finance restructuring, the provision of credit facilities and taking of security in respect of assets that will be acquired by NAMA including but not limited to the following legal areas.

1. The requirements of and options under the

National Asset Management Agency Act 2009 for

NAMA to best meet its statutory objectives;

2. Banking, Commercial and Tax Law; and

3. Insolvency Law

The fees paid in respect of the work carries out by each of the successful tenderers is contained in the following table :

NAMA Legal Enforcement fees & Refinancing Panel Fees

The National Development Finance Agency ran two competitive tenders for legal services over the period 2008 to 2010. as set out below. It did not engage any legal firm to furnish advice in respect of these tenders.

1. To advise the State in relation to the National Plan for Radiation Oncology

(NPRO) project; and

2. To advise the State in relation to the Thornton Hall prison project.

Fee information is confidential under the terms of the contract. The NDFA sought the release of the information on fees paid but A&L Goodbody refused to permit disclosure on grounds of confidentiality. Offices of the Ombudsman/Information Commissioner/Commissioner for Environmental Information

The organisation tendered for legal services for the above Offices in 2010. No legal firms furnished advice in the tender process. The contract was awarded to Mason Hayes and Curran. That firm also held the previous contract. The nature of the work for each Office is as follows:

Office of the Ombudsman:

To provide legal advice on the interpretation of the Ombudsman Act, other statutes, statutory instruments, regulations etc. as applying to bodies within remit or on other legal questions and to represent the Ombudsman in any legal proceedings in which the Office is involved.

Office of the Information Commissioner:

To act for the Commissioner in relation to appeals to the High Court of review decisions of the Commissioner, and in relation to any subsequent appeal to the Supreme Court, to advise generally on procedural matters arising under the FOI Acts, to provide legal advice on the interpretation of the FOI Acts or of other statutes, or on other legal questions, to assist, where appropriate, in the drafting of decisions by the Information Commissioner or her staff under the FOI Acts; and to advise, where appropriate, on referring questions of law to the High Court under subsection 42(5) of the FOI Acts.

Office of the Commissioner for Environmental Information:

To act for the Commissioner in relation to appeals to the High Court, made under Article 13 of the Regulations and in relation to any subsequent appeal to the Supreme Court, to advise generally on matters arising from the Commissioner's role in the Regulation or the Directive, including matters of European law, to assist, where appropriate, in the drafting of decisions by the Commissioner or her staff; and to advise, where appropriate, on referring questions of law to the High Court under Article 11(9) of the Regulations.

The fees paid to Mason, Hayes and Curran for each of the three years in question are as follows:

Standards in Public Office Commission

The Standards in Public Office Commission last tendered for legal services in 2009. No legal firms furnished advice in the tender process. The contract was awarded to A&L Goodbody. That company also held the previous contract.

The legal services provided by A&L Goodbody relate to advice on matters arising relating to the functions of the Standards Commission under the Ethics in Public Office Acts 1995 and 2001, the Electoral Act 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001, including procedural matters, interpretation of the legislation, specific requests for advice received under the legislation, investigations under the Ethics in Public Office Acts 1995 and 2001, enquiries conducted under the Electoral Acts 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001.

The fees paid to A&L Goodbody for each of the three years in question are as follows: