Vol. 450 No. 3
12 Mr. Sargent asked the Taoiseach his views on whether a reasonable fee scheme should be among the issues requiring further consideration as part of the restructuring of the Attorney General's Office to ensure that the huge fees paid to barristers, such as during the Beef Tribunal, will not need to be paid by the taxpayer again. [4811/95]
The question of a reasonable fee scheme is entirely separate from the restructuring of the Attorney General's Office, which is designed to improve the effectiveness of that office. It must be appreciated that if the State is to be properly represented in any action, it is required to secure the services of advocates in an environment where there is competition for those same services. Any fees agreed by the Attorney General cannot be set in isolation from this basic fact.
Does the Taoiseach consider that fees of the scale paid in the beef tribunal were necessary? Is it necessary to pay fees of that scale to achieve the standards we all desire in carrying out such an important role? Will the Taoiseach offer an opinion on whether we should look at ways of avoiding the payment of exorbitant fees when we do not have to consider a tribunal? When such an occasion arises that is the last issue on people's minds, particularly those party to the dispute.
Guidelines have been prepared in regard to the appointment of counsel for tribunals in future. One of the guidelines is that where a daily charge is an element in the rate or method of remuneration of the barrister an open ended daily fee structure should be avoided. There should be a process for renegotiation of the fee if the work tends to be of a longer duration in terms of days than originally anticipated. With the benefit of hindsight one could say that was the mistake made in the tribunal, which lasted much longer than expected. It is probable that the State should have renegotiated its fees downwards to take account of the fact that the duration would be longer than originally planned. That lesson has been learned and the guidelines deal with that situation. We are speaking here with the glorious benefit of hindsight.
