Written answers

Tuesday, 8 April 2014

Department of An Taoiseach

Legal Matters

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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51. To ask the Taoiseach if he will provide in tabular form the number of judicial review cases issued in past four years handled by the Office of the Chief State Solicitor; the number of cases where the Office of the Chief State Solicitor directed the entity to assist affected members of the public obtain reasons for decisions by assisting or offering to assist them make a section 18 of the Freedom of Information Act application under obligations imposed on officials under Freedom of Information Regulations 519/1998 Act prior to proceedings being issued by the person and taking into account the injustice and the cost of legal proceedings; and if he will make a statement on the matter. [16157/14]

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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52. To ask the Taoiseach if he will provide in tabular form the number of judicial review cases issued in past four years handled by the Office of the Chief State Solicitor and the number of cases where the public entity assisted affected members of the public obtain reasons for decisions by assisting or offering to assist them make a section 18 of the Freedom of Information Act application under obligations imposed on officials under Freedom of Information Regulations 519/1998 Act prior to proceedings being issued by the person and taking the injustice and the cost of legal proceedings; and if he will make a statement on the matter. [16163/14]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I propose to take Questions Nos. 51 and 52 together.

I am informed that the number of judicial review cases in respect of which files were opened by the Office of the Chief State Solicitor is as follows:

YearNumber of judicial review cases
2010389
2011275
2012276
2013303
2014 to 3rd April 201447

The CSSO is a constituent element of the Attorney General’s Office and provides litigation services by acting as a solicitor to Ireland, the Attorney General, Government Departments and certain State agencies as well as providing advisory services to those bodies. It is not the function of the CSSO to provide legal advice to the public generally. The Freedom of Information Act confers entitlements on members of the public to seek reasons for decisions. An application pursuant to Section 18 of the Freedom of Information Act must be made by a person who has a material interest in a matter affected by an act of a public body.

Accordingly, applications pursuant to Section 18 are made to the public body concerned. The CSSO does not have a function of providing advice to persons threatening proceedings against the State or bringing proceedings against the State as to how those proceedings might be obviated or prosecuted.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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53. To ask the Taoiseach if the Office of the Chief State Solicitor has with regard to the Prevention of Corruption Act a Code of guidance in place for its solicitors to disclose information to the Garda Síochána who are the proper authorities to investigate crime about public officials under section 19 of the Criminal Justice Act 2011 who have improperly withheld information; and if he will make a statement on the matter. [16164/14]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I am informed by the Chief State Solicitor's Office that the solicitors in the Office of the Chief State Solicitor are guided by the Law Society of Ireland’s Guide to Good Professional Conduct for Solicitors, Third Edition, prepared by the Guidance and Ethics Committee of the Law Society. The Chief State Solicitor does not prepare offence-specific ethical guidance codes.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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54. To ask the Taoiseach if the Chief State Solicitor is aware that the EU Commission state aid investigation C31/07 was told that Bus Éireann operated the school transport scheme under contract; if this is the case if he will ask the Chief State Solicitor the reason this information was not disclosed to the Garda Síochána by virtue of the Prevention of Corruption Act and section 19 of the Criminal Justice Act 2011; and if he will make a statement on the matter. [16165/14]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I am informed by the Chief State Solicitor's Office that this question appears to relate to the proceedings entitled “Student Transport Scheme Ltd –v- Minister for Education and Skills and Bus Eireann” which bears High Court Record No. 2011/1043JR and Supreme Court Appeal No. 527/2012.

Student Transport Scheme Limited is the Appellant. Its case was rejected by the High Court and Student Transport Scheme Limited has brought an appeal to the Supreme Court. The question also touches upon a State Aid investigation C31/07, which was commenced by the European Commission in 2007. As the question seems to seek to encroach on the functions of the Courts it is not appropriate to comment further.

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