Legal Services

Dáil Éireann Debate, Wednesday - 12 January 2011

Wednesday, 12 January 2011

Questions (744, 745)

Alan Shatter

Question:

797 Deputy Alan Shatter asked the Minister for the Environment, Heritage and Local Government in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1621/11]

Alan Shatter

Question:

799 Deputy Alan Shatter asked the Minister for the Environment, Heritage and Local Government with regard to legal services used by his Department, any Body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitor’s firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1651/11]

Written answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley)

I propose to take Questions Nos. 797 and 799 together.

The information requested in respect of payments made by my Department from 2006 to 2010 is set out in the following table. This does not include costs associated with the Planning Tribunal; payments of this nature by agencies or bodies under the aegis of my Department are a matter for the agency or body concerned. No legal firm provided advice or assistance in respect of the relevant tendering processes.

Year	Name of Firm or Solicitor/Barrister	Subject Matter/Nature of Work	Fees Paid	Competitive Tendering Process
			€
2006	Noel J. Travers Barrister	Legal advice on draft statutory instrument relating to implementation of Kyoto Protocol	3,630	Below €5,000 threshold.
2006	McCann Fitzgerald Solicitors	Expert advice on issues arising from a drainage works contract	43,315	Insufficient time to conduct tender process due to constraints arising in conciliation/arbitration.
2006	Arthur Cox Solicitors	Advice on the transposition of EU Directive 2000/53/EC on End-of-Life Vehicles.	48,427	No competitive process due to critical time constraints.
2007	Peter Fitzpatrick & Co, Legal Cost Accountants	Advice on the settlement costs in Uniform Construction vs. Limerick City Council	1,604	Below €5,000 threshold.
2007	William Fry Solicitors	Legal advice on contracts for Rental Accommodation Scheme	13,310	Yes
2007	McCann Fitzgerald Solicitors	Expert advice on issues arising from a drainage works contract	152,594	Continuation of contract previously awarded.
2007	J.A. Shaw & Co. Solicitors	Ascertaining title to Cadamstown Bridge, correspondence with Offaly County Council, OPW, Chief State Solicitor’s Office leading to execution of guardianship agreement.	1,758	Solicitor engaged by private party involved in guardianship agreement.
2007	Philippe Sands	Legal advice on nuclear safety issues	4,117	No competitive process, due to the nature of the matter concerned.
2008	McCann Fitzgerald Solicitors	Expert advice on issues arising from a drainage works contract	15,378	Continuation of contract previously awarded
2008	Wesley Farrell, Junior Counsel	Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04	12,100	Yes
2008	Elizabeth Cogan, Junior Counsel	Expert advice on addressing the European Court of Justice Judgement C418-04	19,729	Yes
2008	Philippe Sands	Legal advice on nuclear safety issues	1,565	No competitive process, due to the nature of the matter concerned.
2008	Niamh Hyland	Legal advice on nuclear safety issues	6,060	No competitive process, due to the nature of the matter concerned.
2008	Eoghan Fitzsimons	Legal advice on nuclear safety issues	12,120	No competitive process, due to the nature of the matter concerned.
2008	Paul Sreenan	Legal advice on nuclear safety issues	10,100	No competitive process, due to the nature of the matter concerned.
2008	William Fry Solicitors	Legal advice on contracts for Rental Accommodation Scheme	15,625	Yes
2008	William Fry Solicitors	Legal advice on contracts for the Incremental Purchase Scheme	48,840	Yes
2008	William Fry Solicitors	Legal advice on contracts for tenant purchase of local authority apartments	48,857	Yes

Year	Name of Firm or Solicitor/Barrister	Subject Matter/Nature of Work	Fees Paid	Competitive Tendering Process
			€
2009	A&L Goodbody	Legal advice on tender and contract documentation relating to the provision of a Premium Rate Weather Service	6,075	No competitive process. Continuation of contract previously awarded.
2009	Anthony Collins SC, Margaret Gray JC	ECJ Dangerous Substances infringement case. Advice on drafting of Programming Document	€14,701 & €7,290 respectively	Counsel appointed by CSSO.
2009	McCann Fitzgerald Solicitors	Expert advice on issues arising from a drainage works contract	21,198	Continuation of contract previously awarded.
2009	Wesley Farrell, Junior Counsel	Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04	45,249	Yes
2009	Elizabeth Cogan, Junior Counsel	Expert advice on addressing the European Court of Justice Judgement C418-04	18,207	Yes
2009	Eugene Regan, Senior Counsel	Legal advice sought on transposition of Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plant.	901	No competitive process — legal advice previously given in area.
2009	FR Kelly — Barrister	Market Development Programme. Advice on logo patent	592	Yes
2009	Matheson, Ormsby, Prentice	Market Development Programme. Advice on terms and conditions for a student competition	1,063	Yes
2010	McCann Fitzgerald Solicitors	Expert advice on issues arising from a drainage works contract	7,017	Continuation of contract previously awarded.
2010	Wesley Farrell, Junior Counsel	Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04	15,997	Yes
2010	Elizabeth Cogan, Junior Counsel	Expert advice on addressing the European Court of Justice Judgement C418-04	8,719	Yes
2010	FR Kelly — Barrister	Market Development Programme. Advice on a logo patent	507	Yes
2010	Matheson, Ormsby, Prentice	Market Development Programme. Advice on terms and conditions for a student competition	343	Yes
2010	Margaret Gray BL	The drafting of Regulations to comply with Articles 3(6) and 4(3) of EU Directive 2003/35/EC relating to Public Participation	No fees paid to date	No competitive process due to critical time constraints and previous advice provided in the area.
2010	John Hennessy SC	To prepare a report concerning the financial and related risks faced by Dublin City Council in connection with the agreement between the Council and Dublin Waste to Energy Limited.	54,450	Services provided consequent on appointment as an authorised person under section 224 of the Local Government Act 2001.
2010	A&L Goodbody	Legal advice on tender and contract documentation relating to the provision of a Premium Rate Weather Service	14,925	No competitive process. Continuation of contract previously awarded.

In addition to the payments above, some other contractual arrangements for services contain an element of recoupment for incidental legal fees.