Written answers
Wednesday, 12 January 2011
Department of Health and Children
Legal Services
2:30 pm
Alan Shatter (Dublin South, Fine Gael)
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Question 451: To ask the Minister for Health and Children, in each of the years 2006, 2007, 2008, 2009 and 2010, the arrangements entered into by her Department for the obtaining of advice from a firm of solicitors 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 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. [1624/11]
Alan Shatter (Dublin South, Fine Gael)
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Question 453: To ask the Minister for Health and Children, with regard to legal services used by her Department, any Body under the aegis of her Department or any State agency for which she is responsible; if she will give details of the legal services for which there was 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, the solicitors firm that succeeded in the 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. [1654/11]
Mary Harney (Dublin Mid West, Independent)
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I propose to take Questions Nos. 451 and 453 together.
With regard to the information requested by the Deputy concerning legal services obtained by the Department between 2006 and 2010, the information set out below covers the period from January 2007 to November 2010. I am advised that this is acceptable to the Deputy.
In early 2009, the Department invited a number of solicitors to submit prices for work. Based on the prices received, the Department made offers to the solicitors concerned, and those who accepted were included on a panel for use by the Department. In previous years, for small drafting jobs which were below tendering limits, the Department felt that better value for money could be obtained from using those familiar with the relevant requirements.
My Department has not sought legal advice in relation to tendering processes during the period outlined by the Deputy. With regard to agencies under the remit of my Department, payment for legal services is an operational matter for the agencies themselves, and such information is not held by my Department.
Year2007 | Name of solicitor or barrister | Amount paid (€) | Reason | Tendered (yes/no - please explain if no) |
2007 | Conor Feeney, BL | 2,500 | Review of Draft SI transposing EU Directive 2005/36/EC-Recognition of Professional Qualifications-as they apply to Pharmacists | Chosen from a panel used by the Dept for drafting and legal advice. |
2007 | Noel Travers | 3,267 | Preparation of Final Advisory Report of Counsel regarding the implementation of Directive 2001/83/EC, as amended, into Irish Law | Chosen from a panel used by the Dept for drafting and legal advice |
2007 | Maire Ni Shuilleabhain | 3,4005103401,105854254252551,19085595850425 | Drafting of regulations to give effect to EC Regulation 178/2002Drafting of regulations defining Marginal, Localised and Restricted ActivityDrafting of Health (Country of Origin of Beef) (Amendment) RegulationsDrafting of Regulations on Approval of Food EstablishmentsResponse to Query re provision in SI giving effect to Waters DirectiveDrafting of SIs to give effect to Directive 2006/82 on infant formula and dietary foodsDrafting of SI to give effect to Directive 2006/107 on labelling presentation and advertising of foodsDrafting of SI to give effect to Directive 2006/33 on additives,colours and sweeteners in foodstuffsDrafting of regulations to give effect to EC Regulation 178/2002Response to Query re Directive 2006/107 on labelling, presentation and advertising of foodstuffs – Bulgaria/Romania accessionDrafting of Regulations on Processed Cereal-Based Foods and Baby FoodsDrafting of Food Supplements RegulationsDrafting of Regulations amending Principal Regulations on Foodstuffs for Particular Nutritional Uses | Chosen from a panel used by the Dept for drafting and legal advice |
2007 | William Fry | 27,326 | To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayment scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected. | Yes |
2007 | Donal McGuinness | 63,427 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Rory White | 60,076 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Vivian Lavan | 47,654 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Mervyn Hickey | 75,867 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Caroline Timmons | 44,275 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Crionna Creagh | 47,293 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Kara Turner | 17,401 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Gail Nohilly | 14,744 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Fintan Valentine | 5,649 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2007 | Conor Feeney, BL | 2,500 | Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives | Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive |
2007 | Conor Feeney, BL | 500 | Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives | Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive |
2007 | William Fry | 60,500 | Report on the Financial & Legal advice on authorisation and ownership options in relation to VHI | Yes |
2007 | Noel Whelan | 3,327 | Drafting Disability Regulations | No – below the threshold (Public Procurement Guidelines) |
2007-2009 | Diarmuid O'Donovan (BL)Legal team nominated by the Sole Member consisted of1 Solicitor and5 Junior Counsels | 484,900919,286 | The Government established a Commission under the Commissions of Investigation Act, 2004 into matters relating to Leas Cross Nursing Home. The Minister appointed Mr O'Donovan as the Sole Member of the Commission. | No - Sole Member was appointed under the Commissions of Investigation Act, 2004. Sole member nominated his legal team who were also appointed under the 2004 Act. |
2007 | Elizabeth Carty | 33,113 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2007 | Nicola Murray Hayden | 64,875 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2007 | Rebecca Broderick | 39,398 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2007 | Robert W Haughton | 31,115 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2007 | Denise Brett | 21,835 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2007 | Deirdre O'Kane | 30,424 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
Total Amount Paid for 2007 - €2,110,942
Year2008 | Name of solicitor or barrister | Amount paid (€) | Reason | Tendered |
2008 | Conor Feeney, BL | 500 | For drafting advice in relation to EC (Control of Drug Precursors) Regulations | Chosen from a panel used by the Dept for drafting and legal advice. |
2008 | Conor Feeney, BL | 605 | For drafting advice in relation to a SI to authorise prison officers under Misuse of Drugs legislation | Chosen from a panel used by the Dept for drafting and legal advice. |
2008 | Conor Feeney BL | 726 | Draft regulations under S18 of the Pharmacy Act 2007 and draft rules of the Pharmaceutical Society of Ireland (PSI) relating to the registration of retail pharmacy businesses | Chosen from a panel used by the Dept for drafting and legal advice. |
2008 | Conor Feeney BL | 363 | Draft regulations under S18 of the Pharmacy Act 2007 and draft rules of the PSI relating to the registration of retail pharmacy businesses | Chosen from a panel used by the Dept for drafting and legal advice. |
2008 | Conor Feeney, BL | 605 | Review of draft PSI (Fees) Rules 2008 | Chosen from a panel used by the Dept for drafting and legal advice. |
2008 | Conor Feeney, BL | 2,601 | Draft statutory instrument implementing Professional Qualifications Directive as regards pharmacists under the Pharmacy Act 2007 | Chosen from a panel used by the Dept for drafting and legal advice. |
2008 | Conor Feeney, BL | 484 | Legal advice on the EC (Recognition of Professional Qualifications of Pharmacists) Regs 2008 | Chosen from a panel used by the Dept for drafting and legal advice. |
2008 | Máire Ni Shuilleabhain | 4251,3601,7009351,1056802552551,700595170255170765340425340765 | Drafting of European Communities (Cosmetics Products)(Amendment) (No. 2) Regulations 2008Drafting of Medicinal Products (Prescription & Control of Supply)(Amendment) RegulationsDrafting of Poison RegulationsDrafting of Cosmetic Products RegulationsDrafting of Regulations on dietary foods for special medical purposesDrafting of Regulations on energy-restricted dietsDrafting of Regulations to give effect to Directive 2006/142 labelling, presentation and advertising of foodstuffsDrafting of Bottled Waters amendment RegulationsDrafting of Regulations on infant formulae and follow-on formulaeDrafting of Regulations (Additives, Colours & Sweeteners)(Amendment) Regulations 2008-(giving effect to Directive 2006/52)Drafting of Regulations (Additives, Colours and Sweeteners) (Amendment) Regulations 2008-(giving effect to Directive 2006/128)Drafting of EC (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2008 giving effect to Directive 2006/129Drafting of Regulations on Dietary Foods for Special Medical PurposesDrafting of Regulations to give effect to Directive 2007/68 on labelling, presentation and advertising of foodstuffsDrafting of Regulations to give effect to Directive 2008/5 on labelling, presentation and advertising of foodstuffsDrafting of Regulations (Additives, Colours and Sweeteners) (Amendment) (No. 3) Regulations 2008-(giving effect to Directive 2008/60)Drafting of Regulations to give effect to Directive 2008/5 on labelling, presentation and advertising of foodstuffs.Drafting advice in respect of tobacco regulations | Chosen from a panel used by the Dept for drafting and legal advice. |
2008 | William Fry | 29,723 | To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected | Yes |
2008 | Donal McGuinness | 318 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2008 | Crionna Creagh | 4,235 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2008 | Conor Feeney, BL | 2,500 | Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards dentists | Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive |
2008 | Conor Feeney, BL | 726 | Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives and dentists | Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive |
2008 | Conor Feeney, BL | 2,500 | Provision of legal services in relation to the consolidation of the Nurses Act 1985 with new legislation for the regulation of nurses and midwives | The Department sought quotations from 3 Barristers for the provision of legal services in relation to the consolidation. Mr Feeney provided the lowest quote |
2008 | David Holland S.C | 17,784 | Legal advice provided to the Inquiry Team in relation to the Monageer Inquiry | Senior Counsel was nominated directly by the Attorney General, and payment sanctioned by the Department of Finance |
2008 | Elizabeth Carty | 41,256 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2008 | Nicola Murray Hayden | 63,290 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2008 | Rebecca Broderick | 76,938 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2008 | Robert W. Haughton | 27,655 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
2008 | Denise Brett | 7,798 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
Total Amount for 2008 - €292,84
Year2009 | Name of solicitor or barrister | Amount paid (€) | Reason | Tendered |
2009 | Noel Travers | 3,0372,9762,308 | Drafting and legal settling of European Communities (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2009Drafting and legal settling of European Communities (Nutrition Labelling of Foodstuffs) Regulations 2009Initial drafting and legal advice on draft European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 | Chosen from a panel used by the Dept for drafting and legal advice. |
2009 | Conor Feeney | 3032,3081,2153041,2153046,804 | Drafting and legal settling of European Communities (Additives, Colours and Sweeteners)(Amendment) Regulations 2009Drafting and legal settling of European Communities (Dietary Foods for Special Medical Purposes) Regulations 2009Drafting and legal settling of European Communities (Infant Formulae and Follow-On Formulae)(Amendment) Regulations 2009Draft and legal settling of Health (Definition of Marginal, Localised and Restricted Activity) (Butcher Shop) Regulations 2009Review of Draft European Communities (Emergency Measures Chilli, Chilli Products, Curcuma and Palm Oil) Regulations 2009Drafting and legal settling of European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2009Initial preparation and review of Draft S.I. European Communities (Official Controls of Foodstuffs) Regulations 2010 | Chosen from a panel used by the Dept for drafting and legal advice. |
2009 | William Fry | 14,798 | To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected. | Yes |
2009 | Donal McGuinness | 3,403 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
2009 | Mervyn Hickey | 21,073 | In respect of Orders of Discovery | Documentary Counsel nominated by the Attorney General* |
Total Amount for 2009 - €60,048
Year2010 | Name of solicitor or barrister | Amount paid (€) | Reason | Tendered |
2010 | Conor Feeney, BL | 607 | For drafting advice in relation to EC (Control of Drug Precursors) Regulations | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Conor Feeney, BL | 1,815 | For drafting advice re the Misuse of Drugs Legislation on "legal highs" | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Conor Feeney, BL | 605 | For drafting and advice on PSI Regs | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Conor Feeney, BL | 363 | For drafting advice for the Misuse of Drugs (Amendment) (No.2) Regulations 2010 | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Noel Travers | 3,0252,987 | Drafting and legal settling of European Communities (Certain Contaminants in Foodstuffs) Regulations 2010Preparation of initial advices in respect of the proposed transposition of EC Directive 97/43/EURATOM | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Conor Feeney | 1,6963,267302 | Drafting and legal settling of European Communities (Official Controls of Foodstuffs) Regulations 2010Drafting and legal settling of European Communities (Import of Food of non-animal origin) Regulations 2010Legal settling of(1) Food Safety Authority of Ireland (Amendment of First Schedule) Order 2010(2) European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2010(3) European Communities (General Food Law) (Amendment) Regulations 2010 | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Patrick Terry | 3,7514,3252,783 | Drafting Medicinal Products (Control of Wholesale Distribution) Regulations 2007 (Amendment) Regulations 2010,Medicinal Products (Control of Manufacture) Regulations 2007 (Amendment) Regulations 2010 & Medicinal Products (Control of Placing on the Market) Regulations 2007 (Amendment) Regulations 2010Preparing a final draft of the European Communities (Cosmetics Products) (Amendment) Regulations 2010European Communities (Cosmetics Products) (Amendment)(No. 2) Regulations 2010 | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Caroline Timmons | 605 | Drafting and legal settling of European Communities (Food Supplements) (Amendment) Regulations 2010 | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Jennifer Goode | 2,541 | Drafting and legal settling of European Communities (Extraction Solvents used in the production of Foodstuffs) Regulations 2009 | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | William Fry | 12,048 | To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected | Yes |
2010 | Paddy Terry | No payment made yet | To settle regulations under the Adoption Act 2010 | Chosen from a panel used by the Dept for drafting and legal advice. |
2010 | Brian C. Murray | 3,781 | Thalidomide documentation review | Assigned by the Office of the Attorney General |
2010 | Ellen Gleeson | 4,537 | Thalidomide documentation review | Assigned by the Office of the Attorney General |
2010 | Rebecca Broderick | 802 | Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board | No** |
Total Amount for 2010 - €49,840 (Up to 4 November 2010 – date of PQ)
Grand Total for 2007 – 2010 - €2,513,677
* The term Documentary Counsel refers to Junior Counsel with an expertise in the area of Orders of Discovery. They were nominated by the Attorney General's Office.
** In 2006, the Department agreed to allow Judge Harding Clark, who headed the Lourdes Hospital Inquiry and the subsequent Lourdes Hospital Redress Board, to retain the services of her legal team in order to advise on the redress scheme.
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