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Legal Fees.

Dáil Éireann Debate, Tuesday - 30 November 2004

Tuesday, 30 November 2004

Questions (454, 455)

Jim O'Keeffe

Question:

508 Mr. J. O’Keeffe asked the Minister for Education and Science the composite amount paid to lawyers engaged by or on behalf of the State in any forum or for any purpose, including tribunals, courts, consultancies, legislative drafting and other work during 2003; the amount paid from 1 January 2004; and if she will make a statement on the matter. [31882/04]

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Jim O'Keeffe

Question:

509 Mr. J. O’Keeffe asked the Minister for Education and Science the ten highest composite figures paid to barristers engaged by or on behalf of the State in any forum or for any purpose, including tribunals, courts, consultancies, legislative drafting and other work during 2003; the ten highest figures paid from 1 January 2004; the names of the barristers; and if she will make a statement on the matter. [31896/04]

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Written answers

I propose to take Questions Nos. 508 and 509 together.

The Attorney General is responsible for the nomination and payment of barristers acting on my behalf in proceedings before the courts and the costs associated with the Chief State Solicitor are met by him as well. In a small number of instances it is considered appropriate for me to be advised by counsel and solicitors outside that framework.

My Department operates a scheme to meet the costs of solicitors acting on behalf of the parties to the indemnity agreement between certain members of the Conference of the Religious in Ireland and the Government in respect of abuse which occurred in residential institutions. In 2003, €475,281.95 was paid to firms in that regard and in 2004 the figure to date is €936,195.35.

On the advice of the Attorney General I make payments directly to barristers who represent the State in the matters relating to the work of the Commission to Inquire into Child Abuse. The terms and conditions relating to those appointments are agreed in advance with the Attorney General. In 2003, a total of €990,139.47 and in 2004, €756,516.92 was paid to the barristers comprising the ten highest earning individuals representing my interests at the Commission to Inquire into Child Abuse. The breakdown of those figures is as follows:

2003

2004

221,563.71

165,059.14

216,173.16

117,067.50

154,520.64

111,727.35

138,193.35

81,437.51

53,760.94

65,414.79

46,447.67

56,654.31

46,171.37

52,068.72

42,009.99

37,928.15

38,164.00

34,673.86

33,134.64

34,485.59

In 2003 the individuals concerned, in alphabetical order of surname were Douglas Clarke BL, Wesley Farrell BL, Kim Fitzgerald BL, Doirbhile Flanagan SC, Barry Halton BL, Margaret Levey BL, John MacMenamin SC, Philip O'Brien BL, Ann Power BL, Jim Sharkey BL.

In 2004, again in alphabetical order, they were Elizabeth Cogan BL, Doirbhile Flanagan SC, Mervyn T. Hickey BL, Nicholas Hosey BL, Matthias Kelly QC, John MacMenamin BL, Ann Power BL, Sean Ryan SC, Jim Sharkey BL, Jason Stewart BL.

In one instance my Department has relied on independent counsel to assist in the drafting of a statutory instrument, the European Communities (General System for the Recognition of Higher Ed Diplomas and Professional Education and Training and 2nd General System for the Recognition of General Education and Training) (Amendment) Regulations 2003. This was done on the advice of the Attorney General and a payment of €5,700 was made this year in respect of that assistance. On one occasion in 2004 a firm of solicitors was engaged by my Department to provide assistance with a patent matter and they were paid €383.57.

A barrister, on the advice of the Attorney General, provided training services directly to my Department in 2004 and a payment of €2,721.92 was made to that person. The totals based on the above figures are €1,465,421.42 for 2003 and €1,701,517.76 for 2004. However in the limited time available for the preparation of this answer it has not been possible to collate figures for the expenditure on counsel for the Commission to Inquire into Child Abuse other than the ten highest earners and add those figures to the totals here. The remainder of the information will be prepared and forwarded to the Deputy as soon as possible.

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