Dáil Éireann Debate, Wednesday - 9 February 2005
67 Mr. Allen asked the Minister for the Environment, Heritage and Local Government his views on whether the €8 million paid in legal fees by his Department over the past two years was value for money; his further views on whether these services should be put out to tender; and if he will make a statement on the matter. [3937/05]
View answerIn response to Question No. 539 on 30 November 2004, I stated that the amount paid from my Department's Vote for services provided by lawyers in 2003 and 2004 amounted to €7,739,585.81; some €7.578 million of this amount relates to the planning tribunal.
In general, legal services for my Department are engaged following consultations with the Attorney General's office and-or the Chief State Solicitor's office and nominations or appointments and decisions on the level of fees paid are made or advised by those offices on the basis of a range of criteria, including the nature and urgency of the case, the strategies and objectives being pursued, the expertise and experience required, the availability of such expertise and the costs involved.
The great bulk of the fees paid by the Department to lawyers arise in the planning tribunal. These fees paid are based on per diem rates as approved by the Department of Finance. In 2004, changes to the fees structure for tribunals generally were announced, including linking of senior counsel fees to the salary of a High Court judge, in the case of new tribunals from September 2004 and in the case of existing tribunals to a date in 2007 to be agreed.
My Department employs its own legal adviser recruited in accordance with Civil Service procedures. Arrangements for the procurement of any further legal advice required is decided on a case by case basis, which could include open tendering if appropriate. Value for money is assessed on a case by case basis and is dependent on the results expected and actually achieved. The variety of cases with which the Department is involved makes it difficult to generalise. It is considered that, in general, the current arrangements have provided value for money having regard to the circumstances of each case.
