Written answers

Thursday, 26 January 2017

Department of Finance

Departmental Legal Costs

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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54. To ask the Minister for Finance the expenses occurred to date, and to whom the fees, etc., were paid, as a result of the decision to appeal the EU ruling on a case (details supplied), including any expenses incurred as a result of advice sought regarding the decision to appeal the decision, in tabular form; and if he will make a statement on the matter. [3555/17]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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In August 2016, the European Commission announced that they had reached a negative decision in the Apple State Aid investigation. This Final Decision was later published in December 2016.

The Government disagrees profoundly with the Commission's analysis and will now challenge the Commission's decision before the European Courts. This is necessary to defend the integrity of our tax system; to provide tax certainty to business; and to challenge the encroachment of EU state aid rules into the sovereign Member State competence of taxation.

This issue is a priority matter for the State and the Irish authorities engaged fully with the Commission throughout the process. This has involved a significant degree of legal and technical complexity, and additional expertise has been engaged where required.

During the investigation, detailed and comprehensive responses were provided to the Commission to demonstrate that the appropriate amount of Irish tax was charged in accordance with the relevant legislation, that no selective advantage was given and that there was no State Aid.

This has continued in 2016 with the annulment application that has now been lodged in the General Court of the European. Expertise has also been engaged in respect of the recovery process.

Over the past three years approximately €1.85 million has been paid in total, including VAT. This includes all legal costs, consultancy fees and other associated costs. These have been paid by the Department of Finance, the Revenue Commissioners, the Attorney General's Office and the Chief State Solicitor's Office.

The following table provides an outline of the total fees paid to each advisor (inclusive of VAT), on a yearly basis, since 2013.

Table 1.1

Advisor 20132014201520162017Total
Eurotext-€1,249.68€7,782.38€31,874.91-€40,906.97
Philip Baker QC-€49,183.43€151,761.23€66,525.76-€267,470.42
Mary Walsh-€3,075.00-€3,075.00
Aoife Goodman BL-€23,763.00€55,052.34€29,761.08-€108,576.42
Maurice Collins SC-€25,461.00€89,184.23€45,003.73-€159,648.96
Hogan Lovells-€3,936.00--€3,936.00
James Byrne BL---€961.24-€961.24
Word Perfect Translations---€4,273.46-€4,273.46
William Fry---€206,667.81-€206,667.81
Ciaran Ó hÓgartaigh---€3,874.00-€3,874.00
Conor Quigley QC---€58,537.93-€58,537.93
Denis McDonald SC-€9,332.26€27,822.60€53,920.74-€91,075.60
Barry Doherty BL€4,113.12€66,060.15€1,230.00€141,656.34-€213,059.61
John Cooke SC --€5,060.00-€5,060.00
PWC Belgium-€327,057.00€268,343.38-€595,400.38
Brian Murray SC--€36,469.50-€36,469.50
Benedict O'Floinn BL--€49,193.85-€49,193.85
Total€4,113.12€182,060.52€659,889.78€1,002,123.73-€1,848,187.15

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