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Dáil Éireann debate -
Wednesday, 6 Nov 1996

Written Answers. - Hepatitis C Inquiry Tribunal.

Bertie Ahern

Question:

40 Mr. B. Ahern asked the Minister for Health the criteria which will be employed by the Attorney General in the setting of legal fees for the tribunal of inquiry into the hepatitis C scandal. [19197/96]

Limerick East): On 24 October last I formally established the tribunal of inquiry into the hepatitis C infection of blood and blood products under the Tribunals of Inquiry (Evidence) Act, 1921, as adopted by or under subsequent enactments and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979.

The Attorney General's responsibility to determine legal fees in respect of the tribunal of inquiry only relates to the fees payable to the barristers acting for the State, to the barristers acting for the tribunal of inquiry and to the barristers and independent solicitor representing the public interest at the request of the Attorney General.

The fees payable to Counsel have been determined on the basis of what the Attorney General considers proper and reasonable, having regard first, to the interests of the taxpayer, second, to the complexity and difficulty of the issues to be determined by the tribunal, third, to the expertise and experience of the Counsel selected and, fourth, to the present market rate for work of this nature. The Attorney General has also had regard to what a solicitor in private practice acting reasonably and acting prudently would offer counsel for such services.

The fees payable to the solicitor engaged to represent the public interest have been calculated by the Attorney General, with the benefit of advice from the Chief State Solicitor, on the basis of what the Attorney General considers is proper and reasonable having regard first, to the interests of the taxpayer, second, to the complexity and difficulty of the issues to be determined by the tribunal and third, having regard to the services which the said solicitor will be expected to perform.

I am sure that the Deputy will agree that it is essential that in an important matter such as this, the State, the tribunal of inquiry and the public interest must be properly represented and I am satisfied that the criteria applied by the Attorney General in setting the legal fees takes full account of this consideration.

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