Written answers

Wednesday, 17 October 2012

Department of Agriculture, Food and the Marine

Legal Matters

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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To ask the Minister for Agriculture, Food and the Marine if he will provide details in tabular form for the years 2008, 2009, 2010, 2011 and to date in 2012 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 he will make a statement on the matter. [45307/12]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The amount paid by my Department in legal fees for the years in question is listed in the following table. The obtaining of legal advice is an operational matter for the State Bodies under the aegis of my Department.

Year
Name of Firm
Reason for procurement
Amount paid
(€)
Was competitive tender process held?
2008 Donnchadh Mc Carthy B.L. Advice, Consultation and Representation
4,780
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000
Michael Ryan, Solicitor, Rathdowney, Co Laois Advice and Consultation
560
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000
Arthur Cox Solicitors Legal advice on 3 Aquaculture and Foreshore Management Division cases
157,804
Not necessary (See note below)
Philip Lee, Solicitors
Fitzwilton House
Wilton Place
Dublin 2
Procurement advice in relation to civil engineering contract.
1,658
Minor nature of
Query made a competitive tender unnecessary
Arthur Cox Solicitors Advising the Department on property located in the Fishery Harbour Centres
30,414
Due to urgent nature a competitive tender was not possible. Attorney General’s Office aware of the situation throughout
2009 Donnchadh Mc Carthy B.L.
Court Case
12,150
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000
Ted Harding B.L.




Marjorie Farrell S.C.
Advice, Consultations and Representation



Advice, Consultations and Representation
12,393




4,084
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000

Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000

2009
Donnchadh Mc Carthy B.L. Advice, Consultations and Representation
3,025
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000
Arthur Cox Solicitors Continuing legal advice on 3 Aquaculture and Foreshore Management Division cases
125,790
Not necessary (See note below)
Michael Ryan, Solicitor, Rathdowney, Co Laois Advice and consultation
185
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000
2010

Noel Whelan B.L.




Noel Whelan B.L.
Advice




Consultation and Representation
11,435




21,713
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000

Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000
Matheson Ormsby Prentice Provided an assessment of Demurrage and Related claims under the Overseas Associated element of the Pigment Recall Scheme
7,865
Tendering process was held
Peter Bland, Turbotston, Coole, Co Westmeath
Advice and Consultation

402
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000
Conleth Bradley SC, Law Library, Four Courts, Dublin 7
Legal Representation in relation to a Judicial Review case in the High Court
81,634
Not required as the amount was below €127,000 which was the limit at the time
2011 Maurice E Veale & Co Solicitors Advice and Consultation
7,898
Not required in accordance with Department of Finance guidelines as the amount did not exceed €25,000
Donnchadh McCarthy B.L Debt recovery case
200
Representation was approved by CSSO
Millards Solicitors Legal advice, consultation, correspondence and court attendance
2722.50
2012 (to 30 Sept) Nil Nil
Nil
Nil

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