The main requirement for legal services in my Department is in the context of administrative law litigation (usually in the form of judicial review proceedings) and in personal injury proceedings. The Office of the Chief State Solicitor provides the Department's legal services in respect of administrative law cases and all non-delegated personal injury cases. The management of all other the majority of personal injury and road traffic accident related compensation cases has been delegated to the State Claims Agency.
The Chief State Solicitor's Office pays for the costs of the State's legal teams in cases that they manage. Such costs include counsels' fees, medical expert examination / report and court attendance fees, fees for other expert witnesses, State Solicitor fees where applicable, witness expenses etc. All such costs are charged to the Vote of the Chief State Solicitor's Office. The Chief State Solicitor's Office has advised that expenditure on behalf of the Department of Defence on counsels' fees and general law expenses (eg witness expenses, etc) was €551,065.14 in 2007 and €131,032.73 up to November 2008. These figures do not include the cost of staff in the Chief State Solicitor's Office.
Similarly, the State Claims Agency pays all costs arising from the defence of any claims they manage for my Department. The Agency has in house legal staff but engages the services of external solicitors as the need arises. In common with the Chief State Solicitor's Office, the Agency briefs barristers and other experts as appropriate. The Agency does not charge for the services of its own staff but does recoup all outlay such as counsels' fees and other outlay from my Department. In 2007 and in 2008 to date the Department recouped totals of €800,176.41 and €835,551.27 respectively to the Agency for legal and other defence costs.
Where the Department pays Plaintiffs' legal costs as part of settlements or awards, suitably qualified staff of the Chief State Solicitor's Office and the State Claims Agency assess such bills of costs rigorously and if necessary sends costs for taxation by the Taxing Master. The Department paid totals of €1,791,272.95 million and €2,157,128.26 million in 2007 and 2008 to date in respect of such costs.
I am satisfied that both the State Claims Agency and the Chief State Solicitor's Office are always conscious of the need to minimise legal costs and act accordingly.
Other than the cost of legal services arising from litigation the Department may from time to have certain projects, which are more suitable to assignment to a dedicated legal team on a one off basis. This is a relatively uncommon requirement. There was one such project in the period referred to by the Deputy. The Department engaged the services of McCann Fitzgerald Solicitors to provide legal drafting, research and advice services specifically in relation to the drafting of revised Rules of Procedure and new Court-Martial Rules, following on from the enactment of the Defence (Amendment) Act 2007. The value of the contract was agreed on the basis of a fixed fee of €44,500 (excluding VAT).
Further to this, the Department requested McCann Fitzgerald Solicitors to engage the services of independent counsel to advise the Courts-Martial Rules Committee in connection with draft Courts-Martial Rules prepared by that firm.
An initial sum of €43,741.50 (including VAT) was paid to McCann Fitzgerald Solicitors on 12 March 2008, in respect of work completed since the contract commenced on 20 April 2007. This amount included €6,050 (including VAT) to cover Counsel's fee. A final payment of €16,153.50 (including VAT) was made to McCann Fitzgerald Solicitors in August 2008.
In 2007 and 2008 to date the amounts of €34,890.57 and €24,903.05 respectively were paid under the Courts-Martial (Legal Aid) Regulations to solicitors and counsel representing accused personnel who were granted legal aid. Legal costs under this heading are paid in accordance with the scales set down by the Department of Justice in respect of legal aid for defendants in civil prosecutions.