Written answers

Thursday, 16 June 2016

Department of Public Expenditure and Reform

Public Sector Staff Recruitment

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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188. To ask the Minister for Public Expenditure and Reform if he engages in a due diligence process including a review and analysis of professional conduct, competence and background prior to appointing legal advisers to public bodies including the Standards in Public Office Commission. [16558/16]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Legal Services:Prior to appointment to any OGP Legal Services Framework Agreement for Solicitors Services, successful Tenderers are required to demonstrate that they meet the minimum standards laid down in the competition. These standards vary depending on the nature and type of Framework Agreement being entered into.

Typically, solicitors are required to demonstrate their compliance to the following standards.

Financial & Economic Standing

Successful Tenderers are required to provide

(i) Evidence of Solvency: a letter from the firms principal auditors confirming the Tenderer is able to pay its debts, identified on the current statement of assets and liabilities as being the debts as they fall due

(ii) the tax certificate registration numbers, as they appear on the Tax Clearance Certificate, together with the tax clearance access number, to facilitate online verification of that Tenderers tax status by the Contracting Authority

(iii) evidence of the insurance required for entry to the Framework Agreement.

Suitability to Pursue Professional Activity

Successful Tenderers are required to demonstrate that they meet the conduct standards and provide evidence that none of the Solicitors proposed to provide the Services have been found guilty of misconduct pursuant to the Solicitors Act 1954 (as amended), or in the case of Solicitors from outside the Republic of Ireland, the equivalent legislation, rules or regulations, in the last five (5) years.

Tenderers are also required to confirm that all of the Solicitors proposed to provide the services hold current valid practising certificates to act as a Solicitor in Ireland issued by the Law Society of Ireland in accordance with the Solicitors Act 1954, as amended or the appropriate regulatory authority if outside the Republic of Ireland.

Quality Assurance

Successful Tenderers are required to provide copies of or evidence of the existence of the following policies and procedures.

Client ManagementPolicy/Procedure
Standard Form of Engagement
Anti-Money Laundering Policy & Procedure
Conflict of Interest Policy & Procedure
File ManagementPolicy/Procedure
Undertakings Policy & Procedure
Undertakings Register
File Review Policy & Procedure
Claims & Regulatory ManagementPolicy/Procedure
Compliance with Solicitors Accounts Regulations
Compliance with Law Society Investigating Accountants Report
Compliance with Regulation 5 of the Solicitors Account Regulations
Claims History Register
Notification of Claims Policy
Practice & Systems ManagementPolicy/Procedure
Disaster Recovery Plan
Computer, Internet and Intranet Policy
Computerised Case Management System
Email Policy
Confidentiality Policy
HR ManagementPolicy/Procedure
CPD Certification Register
Health & Safety Policy
Succession Planning Policy
Financial ManagementPolicy/Procedure
Financial Accounts
Time Recording System
WIP Review & Collections Policy
Annual Partner Statement
IT & Knowledge ManagementPolicy/Procedure
Data Protection Policy
IT Security Policy
IT Risk Assessment Register

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