Mary Harney
Question:23 Miss Harney asked the Minister for Agriculture, Food and Forestry if he has asked the Attorney General to seek to renegotiate the fees for counsel at the Beef Tribunal. [1146/95]
Written Answers. - Beef Tribunal.
Ivor Callely
Question:32 Mr. Callely asked the Minister for Agriculture, Food and Forestry the total cost and payments made to date in respect of the Beef Tribunal; and if he will make a statement on the matter. [3476/95]
I propose to take Questions Nos. 23 and 32 together.
The only legal fees paid to date are those for counsel who represented the State or the tribunal at the Tribunal of Inquiry into the Beef Processing Industry.Fees for State counsel and tribunal counsel were fixed by the Attorney General.
My Department does not have a role in setting or negotiating fees for lawyers.In all legal activities involving the State, engagement of counsel is effected through the Attorney General's Office which engages and fixes the fees for counsel. This was the procedure followed for the beef tribunal.
This matter has been raised by the Committee of Public Accounts. Notwithstanding the normal procedure, the committee asked the Secretary of my Department in June 1993 to consider, with the Attorney General's Office, the possibility of renegotiating the fees for counsel. My Department wrote on the matter to the Attorney General's Office and was informed that the Attorney General was of the opinion that there was no contractual or legal basis for renegotiating the fees.
In December 1994, the Committee of Public Accounts asked the Office of the Attorney General to approach counsel concerned to seek to recover some of the fees paid. My understanding is that this was done and that they declined the request to refund fees already paid.
Other legal fees remaining to be paid are those which are the subject of costs orders made by the sole member of the tribunal. This is a statutory function subject to a decision of a Taxing Master of the High Court. I can assure Deputies that the strongest possible case will be made to the Taxing Master by the Chief State Solicitor's Office to ensure that the fees paid are kept to the absolute minimum.
It is not possible to say what the total costs will be until the process of examining the legal claims have been finalised by a Taxing Master of the High Court. The total payments to date are £7,540,603.56.