Written answers

Wednesday, 17 October 2012

Department of Transport, Tourism and Sport

Legal Matters

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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To ask the Minister for Transport, Tourism and Sport 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. [45321/12]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The information requested by the Deputy is contained in the table below.

With regard to legal advice provided to the agencies, this is a matter for the agencies themselves. The Deputy's question will be forwarded to them for direct reply. If you do not hear back within 10 working days please contact my Private Office. 

Year
Name of Senior/Junior/solicitor

(Please state which)
Payment Made
Reason for Procurement
Was service procured through competitive tendering

(Yes or no)
Reason if service was not procured by competitive tender
2008
Mason, Hayes & Curran Law Firm

€9,654
Legal advice sought in relation to the operation of Terminal 2 Dublin Airport.
No
Engagement complied with Department of Finance’s Public Procurement Guidelines.
2008
A.F (Andy) Smyth,
Solicitor
€500
Fee for swearing Affidavits and countersigning documentation relating to legal case
No
(1) Cost was under tendering limit
(2) Urgency to have affidavits sworn and documentation signed
2009
Noel Whelan

Barrister
€2,111
Drafting, Advice & Consultations on Statutory Instrument (S.I. 87 of 2009 transposing the “Eurovignette Directive”)
Yes
2010
Noel Travers
Barrister
€1,283
Legal Advice in relation to the drafting of regulations transposing Directive 2008/68/EC on the inland transport of dangerous goods insofar as it relates to the transport of such goods by rail.
Yes
2011
Mr. Remy Farrell
Senior Counsel
€7,563
Review of Road Traffic Act 2010
Yes
2011
Conor Feeney B.L. (Junior Counsel)
€1,000
Drafting regulations in connection with the transposition of EU Directive 2008/96/EC of 19 November, 2008 (Road Infrastructure Safety Management)
Yes
2011
Gallenalliance SolicitorsFee of €3,500 + vat agreed but not yet paidLegal advice on the behaviour and conduct of officers
Yes
2011
Mr Conor Feeney
Junior Counsel
€1,000
Provision of legal drafting services (Road Infrastructure Safety Management Directive)
Yes
2011
Noel Whelan, Junior Counsel
€1,113
Advice on Statutory Instruments
No
List provided by OPC
(Office of Parliamentary Counsel)
2011
Conor Feeney, Junior Counsel
€1,361
Advice on Statutory Instruments
No
List provided by OPC
2011
Noel Travers, Junior Counsel
€2,057
Advice on Statutory Instruments
No
List provided by OPC
2011
Noel Whelan, Junior Counsel
€363
Advice on Statutory Instruments
No
List provided by OPC
2011
Conor Feeney, Junior Counsel
€1,392
Advice on Statutory Instruments
No
List provided by OPC
2011
Emily Farrell, Junior Counsel
€1,452
Review of Road Traffic Bill, 2009
No
List provided by OPC
2011
Emily Farrell, Junior Counsel
€327
Advice on Statutory Instruments
No
List provided by OPC
2011
Mr. Remy Farrell,
Senior Counsel
€7,563
Review of Road Traffic Act 2010
Yes
2012
Noel Travers, Junior Counsel
€1,691
Advice on Statutory Instruments
No
List provided by OPC
2012
Conor Feeney, Junior Counsel
€308
Advice on Statutory Instruments
No
List provided by OPC
2012
Conor Feeney, Junior Counsel
€1,107
Advice on Statutory Instruments
No
List provided by OPC
2012
Ms Lily Buckley, BL
€6,150
Research and Opinion in relation to Section 36 of the Taxi Regulation Act, 2003.
No
Expertise in criminal law needed urgently
2012
Freshfields Bruckhaus Deringer, BrusselsNot yet invoiced
€5,000 + vat
To assist the Department in drafting a submission to European Commission concerning competition issues arising from the July 2012 Ryanair Takeover Offer for Aer Lingus
No
Urgency and fees below threshold negated the need to engage in the tendering process
2012
John Brosnan & Company
€1,634
Representing Minister in Court
No
Sourced from Attorney General list of State Solicitors
2012
Martin Linnane & Co. Solicitors
€1,230
Representing Minister in Court
No
Sourced from Attorney General list of State Solicitors

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