Written answers

Thursday, 24 May 2018

Department of Finance

Departmental Legal Costs

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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48. To ask the Minister for Finance the cost to date of legal fees incurred in the case being pursued by the State relating to the decision of the European Commission regarding the alleged grant of state aid to a company (details supplied); the names and amount of fees paid to date to each law firm, senior counsel and barrister; if the barristers are full-time public servants; his views on whether such payments are in breach of the one person, one salary principle; and if he will make a statement on the matter. [23020/18]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Ireland has never accepted the Commission’s analysis in the Apple State aid Decision and is challenging the Commission's decision before the European Courts. Notwithstanding this, the Irish authorities have engaged fully with the Commission throughout the State aid investigation. This involved a significant degree of legal and technical complexity, and additional expertise has been engaged where required.

Last week, I confirmed that the first payment, amounting to €1.5bn, has been deposited in the Escrow account. This is the first of a series of payments with the expectation that the remaining tranches will flow into the fund during Q2 and Q3 of 2018, as previously outlined.

Over the past four years approximately €5.8 million (including VAT) has been paid in total, of which approximately €3 million relates to the recovery process. This includes all legal costs, consultancy fees and other associated costs. These fees have been paid by the Department of Finance, Revenue Commissioners, NTMA, Central Bank of Ireland, Attorney General's Office and Chief State Solicitor's Office. As this is an important issue for the State, the case will continue to be resourced as appropriate.

I understand while there are public servants engaged in the case these are salaried employees and not in receipt of fees.

The following table provides details of the legal fees incurred to date, inclusive of VAT.

Advisor201320142015201620172018Total
Philip Baker QC€49,183.43€151,761.23€66,525.76€44,924.80€312,395.22
Aoife Goodman BL€23,763.00€55,052.34€29,761.08€92,304.12€200,880.54
Maurice Collins SC€25,461.00€89,184.23€45,003.73€91,040.91€250,689.87
Hogan Lovells€3,936.00?€3,936.00
James Byrne BL€961.24€961.24
William Fry€206,667.81€2,083,086.48€284,980.02€2,574,734.31
McCann Fitzgerald€72,570.00€227,523.00€300,093.00
Conor Quigley QC€58,537.93€58,537.93
Denis McDonald SC€9,332.26€27,822.60€53,920.74€78,322.46€169,398.06
Barry Doherty BL€4,113.12€66,060.15€1,230.00€141,656.34€146,405.67€359,465.28
John Cooke SC?€5,060.00€7,072.50€12,132.50
Brian Murray SC€36,469.50€36,469.50
Benedict O'Floinn BL€49,193.85€49,193.85
Paul Gallagher€80,456.76€80,456.76
Noel Travers€26,377.60€26,377.60
Dr Suzanne Kingston€53,172.90€53,172.90
Catherine Donnelly€40,021.74€40,021.74
Total€4,113.12€177,735.84€325,050.40€693,757.98€2,815,755.94€512,503.02€4,528,916.30

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