Alan Shatter (Dublin South, Fine Gael)
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Question 158: To ask the Taoiseach in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor's Office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff's costs and the amount of costs so paid in each of the aforesaid years. [1642/11]

Brian Cowen (Laois-Offaly, Fianna Fail)
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In 2008, proceedings were initiated by Derek Byrne, Margaret McNicholl & Justice for the Forgotten to seek access to the files of the McEntee Commission of Investigation - which are held, sealed, in my Department. In defending this case the State is honouring commitments of confidentiality given by Mr. McEntee in the course of his inquiries. The case is currently before the High Court and representation is being provided by the Chief State Solicitor's Office.

In 2009, proceedings were initiated by John Burke in the High Court, to bring judicial review proceedings in respect of a proposal to hold a constitutional referendum on the Lisbon Treaty on 2 October, 2009.

The High Court found in favour of the State on 3 September, 2009. Legal representation for the State was provided by the Chief State Solicitor's Office. The case was then appealed to the Supreme Court. On 22 September, the Supreme Court concurred with the High Court and ruled in favour of the State. Costs were awarded to the State following the High Court proceedings, but not in the case of the Supreme Court proceedings. Details as follows:

High Court

Solicitor's fees - €6,250.

Barristers fees - €13,974.86.

Supreme Court

Barristers fees - €12,973.62.