With regard to the information requested by the Deputy concerning legal services obtained by the Department between 2006 and 2011, the available information, which is set out in the tables that follow, covers the period from January 2007 to November 2010. Information concerning the period December 2010 to date is currently being collated and will be forwarded to the Deputy as soon as it is available. I am advised that this is acceptable to the Deputy.
In early 2009 the Department invited a number of solicitors to submit prices for work. Based on the prices received the Department made offers to the solicitors concerned and those who accepted were included on a panel for use by the Department. In previous years, for small drafting jobs which were below tendering limits, the Department felt that better value for money could be obtained from using those familiar with the relevant requirements.
With regard to agencies under the remit of my Department, payment for legal services is an operational matter for the agencies themselves and such information is not held by my Department.
|
Year 2007
|
Name of solicitor or barrister
|
Amount paid€
|
Reason
|
Tendered (yes/no — please explain if no)
|
|
2007
|
Conor Feeney, BL
|
2,500
|
Review of Draft SI transposing EU Directive 2005/36/EC-Recognition of Professional Qualifications-as they apply to Pharmacists
|
Chosen from a panel used by the Dept for drafting and legal advice
|
|
2007
|
Noel Travers
|
3,267
|
Preparation of Final Advisory Report of Counsel regarding the implementation of Directive 2001/83/EC, as amended, into Irish Law
|
Chosen from a panel used by the Dept for drafting and legal advice
|
|
2007
|
Maire Ni Shuilleabhain
|
3,400
|
Drafting of regulations to give effect to EC Regulation 178/2002
|
Chosen from a panel used by the Dept for drafting and legal advice
|
|
|
510
|
Drafting of regulations defining Marginal, Localised and Restricted Activity
|
|
|
|
340
|
Drafting of Health (Country of Origin of Beef) (Amendment) Regulations
|
|
|
|
1,105
|
Drafting of Regulations on Approval of Food Establishments
|
|
|
|
85
|
Response to Query re provision in SI giving effect to Waters Directive
|
|
|
|
425
|
Drafting of SIs to give effect to Directive 2006/82 on infant formula and dietary foods
|
|
|
|
255
|
Drafting of SI to give effect to Directive 2006/107 on labelling presentation and advertising of foods
|
|
|
|
1,190
|
Drafting of SI to give effect to Directive 2006/33 on additives,colours and sweeteners in foodstuffs
|
|
|
|
85
|
Drafting of regulations to give effect to EC Regulation 178/2002
|
|
|
|
595
|
Response to Query re Directive 2006/107 on labelling, presentation and advertising of foodstuffs — Bulgaria/Romania accession
|
|
|
|
850
|
Drafting of Regulations on Processed Cereal-Based Foods and Baby Foods
|
|
|
|
425
|
Drafting of Regulations amending Principal Regulations on Foodstuffs for Particular Nutritional Uses
|
|
|
2007
|
William Fry
|
27,326
|
To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected.
|
Yes
|
|
2007
|
Donal McGuinness
|
63,427
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Rory White
|
60,076
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Vivian Lavan
|
47,654
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Mervyn Hickey
|
75,867
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Caroline Timmons
|
44,275
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Crionna Creagh
|
47,293
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Kara Turner
|
17,401
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Gail Nohilly
|
14,744
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Fintan Valentine
|
5,649
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2007
|
Conor Feeney, BL
|
2,500
|
Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives
|
Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive
|
|
2007
|
Conor Feeney, BL
|
500
|
Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives
|
Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive
|
|
2007
|
William Fry
|
60,500
|
Report on the Financial & Legal advice on authorisation and ownership options in relation to VHI
|
Yes
|
|
2007
|
Noel Whelan
|
3,327
|
Drafting Disability Regulations
|
No — below the threshold (Public Procurement Guidelines)
|
|
2007-2009
|
Diarmuid O’Donovan (BL)
|
484,900
|
The Government established a Commission under the Commissions of Investigation Act, 2004 into matters relating to Leas Cross Nursing Home. The Minister appointed Mr O’Donovan as the Sole Member of the Commission.
|
No- Sole Member was appointed under the Commissions of Investigation Act, 2004. Sole member nominated his legal team who were also appointed under the 2004 Act.
|
|
Legal team nominated by the Sole Member consisted of 1 Solicitor and 5 Junior Counsels
|
919,286
|
|
|
|
2007
|
Elizabeth Carty
|
33,113
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2007
|
Nicola Murray Hayden
|
64,875
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2007
|
Rebecca Broderick
|
39,398
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2007
|
Robert W Haughton
|
31,115
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2007
|
Denise Brett
|
21,835
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2007
|
Deirdre O’Kane
|
30,424
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
Year 2008
|
Name of solicitor or barrister
|
Amount paid€
|
Reason
|
Tendered
|
|
2008
|
Conor Feeney, BL
|
500
|
For drafting advice in relation to EC (Control of Drug Precursors) Regulations
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2008
|
Conor Feeney, BL
|
605
|
For drafting advice in relation to a SI to authorise prison officers under Misuse of Drugs legislation
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2008
|
Conor Feeney BL
|
726
|
Draft regulations under S18 of the Pharmacy Act 2007 and draft rules of the Pharmaceutical Society of Ireland (PSI) relating to the registration of retail pharmacy businesses
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2008
|
Conor Feeney BL
|
363
|
Draft regulations under S18 of the Pharmacy Act 2007 and draft rules of the PSI relating to the registration of retail pharmacy businesses
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2008
|
Conor Feeney, BL
|
605
|
Review of draft PSI (Fees) Rules 2008
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2008
|
Conor Feeney, BL
|
2,601
|
Draft statutory instrument implementing Professional Qualifications Directive as regards pharmacists under the Pharmacy Act 2007
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2008
|
Conor Feeney, BL
|
484
|
Legal advice on the EC (Recognition of Professional Qualifications of Pharmacists) Regs 2008
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2008
|
Máire Ni Shuilleabhain
|
425
|
Drafting of European Communities (Cosmetics Products) (Amendment) (No. 2) Regulations 2008
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
|
1,360
|
Drafting of Medicinal Products (Prescription & Control of Supply) (Amendment) Regulations
|
|
|
|
1,700
|
Drafting of Poison Regulations
|
|
|
|
935
|
Drafting of Cosmetic Products Regulations
|
|
|
|
1,105
|
Drafting of Regulations on dietary foods for special medical purposes
|
|
|
|
680
|
Drafting of Regulations on energy-restricted diets
|
|
|
|
255
|
Drafting of Regulations to give effect to Directive 2006/142 labelling, presentation and advertising of foodstuffs
|
|
|
|
255
|
Drafting of Bottled Waters amendment Regulations
|
|
|
|
1,700
|
Drafting of Regulations on infant formulae and follow-on formulae
|
|
|
|
595
|
Drafting of Regulations (Additives, Colours & Sweeteners) (Amendment) Regulations 2008-(giving effect to Directive 2006/52)
|
|
|
|
170
|
Drafting of Regulations (Additives, Colours and Sweeteners) (Amendment) Regulations 2008-(giving effect to Directive 2006/128)
|
|
|
|
255
|
Drafting of EC (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2008 giving effect to Directive 2006/129
|
|
|
|
170
|
Drafting of Regulations on Dietary Foods for Special Medical Purposes
|
|
|
|
765
|
Drafting of Regulations to give effect to Directive 2007/68 on labelling, presentation and advertising of foodstuffs
|
|
|
|
340
|
Drafting of Regulations to give effect to Directive 2008/5 on labelling, presentation and advertising of foodstuffs
|
|
|
|
425
|
Drafting of Regulations (Additives, Colours and Sweeteners) (Amendment) (No. 3) Regulations 2008-(giving effect to Directive 2008/60)
|
|
|
|
340
|
Drafting of Regulations to give effect to Directive 2008/5 on labelling, presentation and advertising of foodstuffs. Drafting advice in respect of tobacco regulations
|
|
|
|
765
|
Drafting advice in respect of tobacco regulations
|
|
|
2008
|
William Fry
|
29,723
|
To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected
|
Yes
|
|
2008
|
Donal McGuinness
|
318
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2008
|
Crionna Creagh
|
4,235
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2008
|
Conor Feeney, BL
|
2,500
|
legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards dentists
|
Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive
|
|
2008
|
Conor Feeney, BL
|
726
|
Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives and dentists
|
Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive
|
|
2008
|
Conor Feeney, BL
|
2,500
|
Provision of legal services in relation to the consolidation of the Nurses Act 1985 with new legislation for the regulation of nurses and midwives
|
The Department sought quotations from 3 Barristers for the provision of legal services in relation to the consolidation. Mr Feeney provided the lowest quote
|
|
2008
|
David Holland S.C
|
17,784
|
Legal advice provided to the Inquiry Team in relation to the Monageer Inquiry
|
Senior Counsel was nominated directly by the Attorney General, and payment sanctioned by the Department of Finance.
|
|
2008
|
Elizabeth Carty
|
41,256
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2008
|
Nicola Murray Hayden
|
63,290
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2008
|
Rebecca Broderick
|
76,938
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2008
|
Robert W Haughton
|
27,655
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
2008
|
Denise Brett
|
7,798
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
|
Year 2009
|
Name of solicitor or barrister
|
Amount paid€
|
Reason
|
Tendered
|
|
2009
|
Noel Travers
|
3,037
|
Drafting and legal settling of European Communities (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2009
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
|
2,976
|
Drafting and legal settling of European Communities (Nutrition Labelling of Foodstuffs) Regulations 2009
|
|
|
|
2,308
|
Initial drafting and legal advice on draft European Communities (Certain Contaminants in Foodstuffs) Regulations 2010
|
|
|
2009
|
Conor Feeney
|
303
|
Drafting and legal settling of European Communities (Additives, Colours and Sweeteners) (Amendment) Regulations 2009
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
|
2,308
|
Drafting and legal settling of European Communities (Dietary Foods for Special Medical Purposes) Regulations 2009
|
|
|
|
1,215
|
Drafting and legal settling of European Communities (Infant Formulae and Follow-On Formulae) (Amendment) Regulations 2009
|
|
|
|
304
|
Draft and legal settling of Health (Definition of Marginal, Localised and Restricted Activity) (Butcher Shop) Regulations 2009
|
|
|
|
1,215
|
Review of Draft European Communities (Emergency Measures Chilli, Chilli Products, Curcuma and Palm Oil) Regulations 2009
|
|
|
|
304
|
Drafting and legal settling of European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2009
|
|
|
|
6,804
|
Initial preparation and review of Draft S.I. European Communities (Official Controls of Foodstuffs) Regulations 2010
|
|
|
2009
|
William Fry
|
14,798
|
To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected.
|
Yes
|
|
2009
|
Donal McGuinness
|
3,403
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
2009
|
Mervyn Hickey
|
21,073
|
In respect of Orders of Discovery
|
Documentary Counsel nominated by the Attorney General*
|
|
Year 2010
|
Name of solicitor or barrister
|
Amount paid€
|
Reason
|
Tendered
|
|
2010
|
Conor Feeney, BL
|
607
|
For drafting advice in relation to EC (Control of Drug Precursors) Regulations
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2010
|
Conor Feeney, BL
|
1,815
|
For drafting advice re the Misuse of Drugs Legislation on “legal highs”
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2010
|
Conor Feeney, BL
|
605
|
For drafting and advice on PSI Regs
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2010
|
Conor Feeney, BL
|
363
|
For drafting advice for the Misuse of Drugs (Amendment) (No.2) Regulations 2010
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2010
|
Noel Travers
|
3,025
|
Drafting and legal settling of European Communities (Certain Contaminants in Foodstuffs) Regulations 2010
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
|
2,987
|
Preparation of initial advices in respect of the proposed transposition of EC Directive 97/43/Eurotom
|
|
|
2010
|
Conor Feeney
|
1,696
|
Drafting and legal settling of European Communities (Official Controls of Foodstuffs) Regulations 2010
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
|
3,267
|
Drafting and legal settling of European Communities (Import of Food of non-animal origin) Regulations 2010
|
|
|
|
302
|
Legal settling of(1) Food Safety Authority of Ireland (Amendment of First Schedule) Order 2010(2) European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2010(3) European Communities (General Food Law) (Amendment) Regulations 2010
|
|
|
2010
|
Patrick Terry
|
3,751
|
Drafting Medicinal Products (Control of Wholesale Distribution) Regulations 2007 (Amendment) Regulations 2010, Medicinal Products (Control of Manufacture) Regulations 2007 (Amendment) Regulations 2010 & Medicinal Products (Control of Placing on the Market) Regulations 2007 (Amendment) Regulations 2010
|
|
|
|
4,325
|
Preparing a final draft of the European Communities (Cosmetics Products) (Amendment) Regulations 2010
|
|
|
|
2,783
|
European Communities (Cosmetics Products) (Amendment) (No. 2) Regulations 2010
|
|
|
2010
|
Caroline Timmons
|
605
|
Drafting and legal settling of European Communities (Food Supplements) (Amendment) Regulations 2010
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2010
|
Jennifer Goode
|
2,541
|
Drafting and legal settling of European Communities (Extraction Solvents used in the production of Foodstuffs) Regulations 2009
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2010
|
William Fry
|
12,048
|
To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected
|
Yes
|
|
2010
|
Paddy Terry
|
No payment made yet
|
To settle regulations under the Adoption Act 2010
|
Chosen from a panel used by the Dept for drafting and legal advice.
|
|
2010
|
Brian C. Murray
|
3,781
|
Thalidomide documentation review
|
Assigned by the Office of the Attorney General
|
|
2010
|
Ellen Gleeson
|
4,537
|
Thalidomide documentation review
|
Assigned by the Office of the Attorney General
|
|
2010
|
Rebecca Broderick
|
802
|
Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board
|
No**
|
* The term Documentary Counsel refers to Junior Counsel with an expertise in the area of Orders of Discovery. They were nominated by the Attorney General's Office.
** In 2006, the Department agreed to allow Judge Harding Clark, who headed the Lourdes Hospital Inquiry and the subsequent Lourdes Hospital Redress Board, to retain the services of her legal team in order to advise on the redress scheme.
