Anne Ferris (Wicklow, Labour)
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Question 216: To ask the Minister for Public Expenditure and Reform if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers' and solicitors' firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30973/11]

Brendan Howlin (Wexford, Labour)
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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 also 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.

Since it's establishment in July 2011 my Department has had no expenditure on legal services. The Deputy should note, that expenditure in relation to legal services, from 2006 to July 2011 for my Department is covered by material provided by the Department of Finance, given that the Department of Public Expenditure and Reform was not officially established until last July.

The following tables set out the expenditure on legal services by agencies under the aegis of my Department from 2006 to date.

Office of the Information Commissioner/Office of the Commissioner for Environmental Information

The Office of the Information Commissioner engages legal advisors for the following purposes; 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.

The Office of the Commissioner for Environmental Information engages legal advisors for the following purposes; 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.

Office of the Ombudsman

The Office of the Ombudsman engages legal advisors 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.

Standards in Public Office Commission (SIPO)

The Standards in Public Office Commission engages legal advisors for the following purposes; to advise 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 Offices of the Ombudsman/Information Commissioner/Commissioner for Environmental Information and the Standards in Public Office Commission engage legal advisors following the completion of formal tender processes. On occasion, Counsel is required to represent one of the Offices in the Courts. In such cases, Counsel is generally engaged on the recommendation of the relevant Office's legal advisors, having regard to the nature of the court case, the relevant expertise required and the availability of Counsel. Furthermore, the Offices are approved bodies under the Direct Professional Access (DPA) Scheme of the Bar Council. Occasionally, legal advice is urgently required from a person who is known to have expertise in a particular area and is familiar with the work of the Office. In such cases, Counsel is directly engaged under the DPA arrangements.

Public Appointments Service (PAS)

PAS uses the services of the CSSO and the AG's office in the significant majority of cases (if counsel are required they are retained by those Offices on PAS's behalf). Other expenditure on legal advice during this period is set out in the following table:

Commission for Public Service Appointments (CPSA)

The Commission for Public Service Appointments engages legal advisors for the following purposes; provision of legal advice on the interpretation of the Public Service Management (Recruitment and Appointments) Act 2004, other statutes, statutory instruments, regulations as applying to Government Departments and Offices, Local Authorities, An Garda Síochána, the Health Information and Quality Authority, the Health Service Executive and any other Public Service body that may come within the Commission's remit; to provide advice on the conduct of investigations into allegations of breaches of the Commission's Codes of Practice; to review the findings and offer advice on reports of such investigations; to advise generally on procedural, implementation and related ancillary matters (to include but not be restricted to advices on matters relating to court proceedings) whether arising under the Public Service Management (Recruitment and Appointments) Act 2004 or otherwise.

State Laboratory

The State Laboratory did not directly seek legal advice from solicitors, Senior or Junior Counsel in the years 2006-2011. Any legal advice obtained was done through the offices of the Chief State Solicitor or the State Claims Agency and related to Fixed Term Contracts (2008) and compensation claims in connection with the issue of incorrect results (2009).

Office of Public Works (OPW)

*The OPW have advised my Department, that in relation to the tendering process it will require more time to collate the information requested and it will revert directly to the Deputy when this is completed.

Valuation Office

The Valuation Office had no expenditure on legal services in the period in question.