Written answers
Wednesday, 12 January 2011
Department of Environment, Heritage and Local Government
Legal Services
2:30 pm
Alan Shatter (Dublin South, Fine Gael)
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Question 797: To ask the Minister for the Environment, Heritage and Local Government 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. [1621/11]
Alan Shatter (Dublin South, Fine Gael)
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Question 799: To ask the Minister for the Environment, Heritage and Local Government 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. [1651/11]
John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 797 and 799 together.
The information requested in respect of payments made by my Department from 2006 to 2010 is set out in the following table. This does not include costs associated with the Planning Tribunal; payments of this nature by agencies or bodies under the aegis of my Department are a matter for the agency or body concerned. No legal firm provided advice or assistance in respect of the relevant tendering processes.
| Year | Name of Firm or Solicitor/Barrister | Subject Matter/Nature of Work | Fees Paid | Competitive Tendering Process |
| 2006 | Noel J. Travers Barrister | Legal advice on draft statutory instrument relating to implementation of Kyoto Protocol | â¬3,630 | Below â¬5,000 threshold. |
| 2006 | McCann Fitzgerald Solicitors | Expert advice on issues arising from a drainage works contract | â¬43,315 | Insufficient time to conduct tender process due to constraints arising in conciliation/arbitration. |
| 2006 | Arthur Cox Solicitors | Advice on the transposition of EU Directive 2000/53/EC on End-of-Life Vehicles. | â¬48,427 | No competitive process due to critical time constraints. |
| 2007 | Peter Fitzpatrick & Co, Legal Cost Accountants | Advice on the settlement costs in Uniform Construction vs. Limerick City Council | â¬1,604 | Below â¬5,000 threshold. |
| 2007 | William Fry Solicitors | Legal advice on contracts for Rental Accommodation Scheme | â¬13,310 | Yes |
| 2007 | McCann Fitzgerald Solicitors | Expert advice on issues arising from a drainage works contract | â¬152,594 | Continuation of contract previously awarded. |
| 2007 | J.A. Shaw & Co. Solicitors | Ascertaining title to Cadamstown Bridge, correspondence with Offaly County Council, OPW, Chief State Solicitor's Office leading to execution of guardianship agreement. | â¬1,758 | Solicitor engaged by private party involved in guardianship agreement. |
| 2007 | Philippe Sands | Legal advice on nuclear safety issues | â¬4,117 | No competitive process, due to the nature of the matter concerned. |
| 2008 | McCann Fitzgerald Solicitors | Expert advice on issues arising from a drainage works contract | â¬15,378 | Continuation of contract previously awarded |
| 2008 | Wesley Farrell, Junior Counsel | Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04 | â¬12,100 | Yes |
| 2008 | Elizabeth Cogan, Junior Counsel | Expert advice on addressing the European Court of Justice Judgement C418-04 | â¬19,729 | Yes |
| 2008 | Philippe Sands | Legal advice on nuclear safety issues | â¬1,565 | No competitive process, due to the nature of the matter concerned. |
| 2008 | Niamh Hyland | Legal advice on nuclear safety issues | â¬6,060 | No competitive process, due to the nature of the matter concerned. |
| 2008 | Eoghan Fitzsimons | Legal advice on nuclear safety issues | â¬12,120 | No competitive process, due to the nature of the matter concerned. |
| 2008 | Paul Sreenan | Legal advice on nuclear safety issues | â¬10,100 | No competitive process, due to the nature of the matter concerned. |
| 2008 | William Fry Solicitors | Legal advice on contracts for Rental Accommodation Scheme | â¬15,625 | Yes |
| 2008 | William Fry Solicitors | Legal advice on contracts for the Incremental Purchase Scheme | â¬48,840 | Yes |
| 2008 | William Fry Solicitors | Legal advice on contracts for tenant purchase of local authority apartments | â¬48,857 | Yes |
| 2009 | A&L Goodbody | Legal advice on tender and contract documentation relating to the provision of a Premium Rate Weather Service | â¬6,075 | No competitive process. Continuation of contract previously awarded. |
| 2009 | Anthony Collins SC, Margaret Gray JC | ECJ Dangerous Substances infringement case. Advice on drafting of Programming Document | â¬14,701 &â¬7,290 respectively | Counsel appointed by CSSO. |
| 2009 | McCann Fitzgerald Solicitors | Expert advice on issues arising from a drainage works contract | â¬21,198 | Continuation of contract previously awarded. |
| 2009 | Wesley Farrell, Junior Counsel | Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04 | â¬45,249 | Yes |
| 2009 | Elizabeth Cogan, Junior Counsel | Expert advice on addressing the European Court of Justice Judgement C418-04 | â¬18,207 | Yes |
| 2009 | Eugene Regan, Senior Counsel | Legal advice sought on transpostion of Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plant. | â¬901 | No competitive process - legal advice previously given in area. |
| 2009 | FR Kelly - Barrister | Market Development Programme. Advice on logo patent | â¬592 | Yes |
| 2009 | Matheson, Ormsby, Prentice | Market Development Programme. Advice on terms and conditions for a student competition | â¬1,063 | Yes |
| 2010 | McCann Fitzgerald Solicitors | Expert advice on issues arising from a drainage works contract | â¬7,017 | Continuation of contract previously awarded. |
| 2010 | Wesley Farrell, Junior Counsel | Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04 | â¬15,997 | Yes |
| 2010 | Elizabeth Cogan, Junior Counsel | Expert advice on addressing the European Court of Justice Judgement C418-04 | â¬8,719 | Yes |
| 2010 | FR Kelly - Barrister | Market Development Programme. Advice on a logo patent | â¬507 | Yes |
| 2010 | Matheson, Ormsby, Prentice | Market Development Programme. Advice on terms and conditions for a student competition | â¬343 | Yes |
| 2010 | Margaret Gray BL | The drafting of Regulations to comply with Articles 3(6) and 4(3) of EU Directive 2003/35/EC relating to Public Participation | No fees paid to date | No competitive process due to critical time constraints and previous advice provided in the area. |
| 2010 | John Hennessy SC | To prepare a report concerning the financial and related risks faced by Dublin City Council in connection with the agreement between the Council and Dublin Waste to Energy Limited. | â¬54,450 | Services provided consequent on appointment as an authorised person under section 224 of the Local Government Act 2001. |
| 2010 | A&L Goodbody | Legal advice on tender and contract documentation relating to the provision of a Premium Rate Weather Service | â¬14,925 | No competitive process. Continuation of contract previously awarded. |
| In addition to the payments above, some other contractual arrangements for services contain an element of recoupment for incidental legal fees. |
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