The Estimates for my Department which were published on 9 December 2009 in parallel with the 2010 Budget included an estimate for Subhead X2 (Miscellaneous Payments) of €2.327 million for 2009 and €2.549 million for 2010.
The Miscellaneous Payments subhead primarily makes provision for legal costs which might be expected to arise in the course of the work of my Department and its Offices. These costs might arise, for example, from actions taken against the Department or its Offices.
Provision has also been made in the subhead for legal costs in respect of the Personal Injuries Assessment Board. While the Board funds its operational costs through fees charged in the course of its activities, I have been advised by the Attorney General's Office that the Personal Injuries Assessment Board Act 2003, does not allow such fees to be used to cover non-operational legal costs, such as those arising from general legal challenges to the operation of the PIAB. While this advice related to a specific case, it is nonetheless prudent to provide for such costs to be borne by my Department.
The 2009 estimate for Subhead X2 of my Department's Vote included €650,000 to meet potential legal costs arising during 2009 in relation to the Personal Injuries Assessment Board. Approximately €622,000 of this provision was spent. A provision of €581,000 is included in the 2010 Estimate for Subhead X2 in respect of the Personal Injuries Assessment Board's potential legal costs.
Apart from some other very minor provisions, the subhead includes a contingency sum, as required in accordance with standing instructions from the Department of Finance, to cater for unforeseen items which might emerge in the course of the year. A sum of €656,000 was provided for contingencies in 2009. The corresponding sum for 2010 is €588,000.