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Wednesday, 17 Oct 2012

Written Answers Nos. 228-236

Consultancy Contracts Issues

Questions (228)

Mary Lou McDonald

Question:

228. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide details in tabular form for the years 2008, 2009, 2010, 2011 and to date in 2012 the total amount of expenditure on consultancy by his Department, any body under his aegis or State agency for which he has responsibility; the names of the consultancy companies awarded contracts; the nature of the work concerned; the fees paid to each consultant; if the matter was advertised for competitive tender; and if he will make a statement on the matter. [45301/12]

View answer

Written answers

The annual spend on consultancy by my Department in each of the years 2008-2011 and to date in 2012 is as follows:

Year

Department

Agencies

Total

2008

€687,678

€1,243,317

€1,930,995

2009

€184,490

€269,829

€454,319

2010

€93,388

€141,162

€234,550

2011

€33,888

€45,260

€79,148

2012 to Date

€199,541

€50,731

€250,272

My Department operates within the legal framework of EU procurement directives and the guidance of the Department of Finance for procurements under EU thresholds - as required. In line with these policies my Department seeks to ensure that where practicable all tenders over €25,000 are publicly advertised either on e-tenders or in the EU Journal. It should be noted that in the matter of all publicly held competitive tender exercises, the Award Criteria used by the Department for the evaluation of proposals is 'The Most Economically Advantageous Tender'.

The names of the consultancy companies awarded contracts, the nature of the work concerned and the fees paid to each consultant in each year are listed in the table below.

2008

-

-

Consultant

Amount (€)

Purpose

Department

Carr Communications

1,100

Communications services.

IBI Group (UK) Ltd.

33,612

To assist the Project Board which was set up to oversee the tender process for the outsourcing of the Camera Project

Byrne O'Cleirigh

1,703

Consultant engineers, specialising in technical risk assessment.

Public Communications Centre

50,000

Development and management of the “Dial to Stop Drug Dealing” Campaign

Golder Associates

1,028

Engaged to advise the Department in relation to a soil contamination issue.

Keville & O'Sullivan Associates

1,621

Risk assessment and analysis of site soil prior to commencing the tender process.

McCann Fitzgerald Solictors

60,500

Research regarding Courts Consolidation Project.

Bernadette Kiely

5,556

HR consultancy services.

Graphite HRM Ltd

31,469

Graphite HRM Ltd. engaged to conduct an Organisational Survey.

Jenny Smyth & Associates

26,015

Provision of analysis and report relating to the Participation Rates in HR competitions.

Prospectus

36,936

Contracted to monitor, evaluate and provide a report on the implementation of the Performance Management Development System, (PMDS).

Professor Paul Robinson

14,520

Expert Advice re: Legal Codification project.

Helm Corporation Ltd

7,411

Consultancy services provided in relation to Risk Management assessment.

Brendan Shiels

21,153

Quality Assessment provided on Value for Money Review re: Probation Service.

Petrus Consultancy Ltd

56,942

VFM Expenditure Review Probation Service

Accenture

338,112

The second phase of the Risk Management Performance Improvement (RMPI) programme in 2008, and the creation of a comprehensive risk management policy framework.

Agencies

Young Communications

968

Advice on Media Issues

Billy Power

11,253

Pension Advice

Anne Neary Consultants

49,804

Legal Services risk assessment

Archimedia

10,406

Advice to independent Examination of Stardust Committee

Dr Marie Keenan

400

Consultative Service for Dublin Archdiocese Commission of Inquiry

Indecon Economic Consultants

8,353

Study on Eligibility for and Scope of Legal Aid

Accenture

19,517

Advice to Garda National Immigration Bureau re: information systems.

Q4 Public Relations

55,147

Advice on media issues for Irish Human Rights Commission (I.H.R.C.)

Mentoring Connections

7,623

Consultancy Services on Change Management

Chartered Institute of Logistics

3,500

Evaluation of Tenders

PWC

28,219

Review of systems of internal financial control and corporate governance of the I.H.R.C.

Corporate Community

12,500

Technical Assistance to the National Framework Committee for Equal Opportunities at the level of the Enterprise

Economic & Social Research Institute (ESRI)

94,549

Equality & Discrimination Research Project

Helm Corporation Ltd

4,749

Review of Governance in the Equality Authority

Sinead Lucey

18,643

Case management review

RA Consulting

10,019

Customer services charter and action plan

RA Consulting

7,840

Strategic Development Facilitation support - Review and Development of Strategic Thinking

Siobhan Philips

11,495

Review of “Say No to Ageism” Week

Nascon

3,561

Risk assessment audit

Maureen Bassett

3,000

I.H.R.C. strategic plan development

Hibernian Consulting

16,608

Review of European Year of Equal Opportunities

Maureen Gilbert

18,150

Initiative to promote understanding of needs of disabled persons

PA Consulting

82,279

Organisational and Strategic Plan review of the Equality Authority

Rochemartin

1,000

Leaders Seminar

Siobhan Lynam Research & Consultancy

19,602

Provided research consultancy into Gender Proofing Policies.

Tracey O'Brien

1,300

Equality Proofing Consultancy

Communications Consultants

2,000

Plan Communications Strategy

Irish Recruitment Consultants

6,191

Consultancy Services

Equality Strategies

24,684

Research into the drafting of equality reviews and action plans for use by the private sector.

Polaris Human Resources Ltd

46,539

Research into the drafting of equality reviews and action plans for use by the private sector.

Q4 Public Relations

95,375

Provision of public relations and consultancy services with regard to the National Action Plan Against Racism.

Bellane

24,873

Public Relations

Bloom Advertising

81,675

National Disability Awareness Campaign

CM Advice

5,445

Monitoring Committee Workshop

Hay Management

2,420

Evaluation of Posts.

Insight Consulting

13,830

Public Relations advice to NDA

John Cullen

8,833

Review of the library and information services in NDA

Rehab Enterprises

61,421

Consultancy re: “Excellence Through Accessability” Awards

Strategem

3,116

EU Briefing

Billy Power

1,452

Financial Consultancy

Henley Kavanagh McGowan

3,388

Quantity Survey Report

Economic & Social Research Institute (ESRI)

9,957

Research Consultancy for "Fear of Crime" project

BSB Forensic

1,482

Completion of forensic analysis and enhancement of video / CCTV footage and photographic prints of same; provision of evidential statement from the Analyst for court proceedings

Executive Security

145,084

Security Advice

Mark Bradley

1,815

Advice & Consultation on Setting up of GSOC Unit

Stephen Howson

816

Firearms Research

Talbot Associates

94,138

Project Development of GSOC Statement of Strategy

Techskills Resources

393

Building Alterations Project Consultant

Thangam Debbonaire

5,445

Mapping and Strategy Development

Executive Security

4,160

Security Consultancy

Hewlett Packard Ireland Ltd

3,630

Evaluation of Tenders for the provision of telecommunication services

Mary Murphy Associates

54,989

Public Relations

Awn Consulting

3,987

Air Quality Advice

Dr. Charles Czeisler

7,313

Advising the Garda Inspectorate on best practice regarding police rostering systems especially from a health and physiology perspective.

Gwen M Strachan

6,199

Advice to the Garda Inspectorate regarding its quality business practices, processes and procedures during its inception

Mr Barry Loveday

4,029

Advice relating to civilianisation within police forces.

Transsafe Consulting, LLC

8,336

Consultancy Services re: Roads Policing

Abacus Transportation

847

Road Speed Surveys

ANV Technology Ltd

399

Report on Detention Centres

Barrett Mahony

1,493

Consultancy Service in respect of Civil Engineering Feasibility Study

Barrett Mahony

2,667

Consultancy Services in respect to Perimeter fencing and associated works

Holohan Architects

56,870

Payment for architectural design services for works at Oberstown detention facility.

James Smyth Architects

19,117

Architectural services and co-ordinated specialist surveys relating to the development of new detention school facilities

Kerrigan Sheanon Newman

14,471

Quantity Surveying Services re Feasibility Study Oberstown & Finglas Centres

McAllister, Devereux, Keating

5,081

Survey of Oberstown Girls Remand & Assessment Unit, for asbestos prior to demolition.

Michael Punch

3,021

Engineering services to prepare design and tender documentation for replacement of Oberstown Campus swimming pool.

2009

Consultant

Amount (€)

Purpose

Department

Mr Barry Loveday

11,826

Provision of expert advice regarding civilianisation within police forces.

McCann Fitzgerald Solicitors

158,771

Consultancy Services - Codification of Courts Act

Graphite HRM

111

Consultancy Expenses - HRMS

Prospectus

4,919

Professional Fees - Human Resources Division

Thinksmart

8,863

Evaluation of tenders support Contract

Agencies

Price Waterhouse Cooper

67,078

Advice on scope and implementation options for an Immigration Case Management System

Purchasing Soutions

7,229

Evaluation of Tenders for Supply of Accommodation Centres

Cimtech

3,852

Review of draft Request for Tender

Billy Power

6,902

Pension advice

Anne Neary Consultants

10,907

Legal services risk assessment

Edel Hackett

6,292

Communications Support and Advice

PA Consulting Group

22,003

Strategy and Organisational Review of the Equality Authority.

RA Consulting

10,134

Review of the Equality Authority Customer Service Charter and Action Plan.

Polaris Human Resources Ltd.

10,920

Research into the drafting of equality reviews and action plans for use by the private sector.

Bellane Ltd.

47,636

Communications Support and Advice

Clarion Consulting

8,607

Advice/facilitation regarding drafting of NDA 2010-2012 Strategic Plan

Mazars

4,739

Audit services

Rehab Enterprises

4,054

Delivery of professional services for the EtA (Excellence Through Accessibility Awards) project to the NDA

Finbar Flood Consultancy

3,281

Facilitator Fees

Kavanagh Tuite Architects

1,215

Professional Fees - Inspection & Preliminary Report on Premises

Executive Security (ESCAT)

18,775

Advice on all aspects of security pertaining to premises, personnel and data

i2 Limited

6,752

IT advice and services.

Talbot Associates Ltd.

17,991

Advice on business process and organizational restructuring.

Mary Murphy Associates

462

Communications Support and Advice.

Lorcan Walsh

3,600

Data Analysis Service

Dublin Institute of Technology

7,400

Advice on set up of Property Service Regulatory Authority.

2010

Consultant

Amount (€)

Purpose

Department

IBI Group (UK) Ltd.

26,979

Assist in the set up and overview of the tender process for the outsourcing of the Camera Project

Byrne O'Cleirigh

5,114

Carry out the risk assessment on the underground storage of explosives at Tara Mines

McCann Fitzgerald Solictors

61,295

Research consultancy regarding Courts Consolidation Project,

Agencies

Bellane Ltd

3,897

Communications Support and Advice

Equality Strategies Ltd.

8,168

Review of governance / management structures for the Court Support Service,

Lowers & Associates LLC

70,186

Risk assessment services and advice relating to all operational aspects of the cash-in-transit (CIT) industry.

Dr. Charles A Czeisler

9,684

Advice on best practice regarding police rostering.

Gavin Group

11,715

Advice on best practices in child sex abuse investigations.

Billy Power

2,170

Pension advice

RJW Associates Ltd.

1,364

Review of Garda policy in the investigation of sexual crimes and crimes against children

Digital Revolutionaries

13,183

IT advice and services

Eustace Patterson Ann Clarke

16,970

Evaluation of the Lighthouse Sex Offender programme

RA Consulting

1,090

Planning and Facilitation at Equality Authority Staff Day

Jarlath Duffy Associates

928

The Design, Preparation and delivery of a facilitated Equality Authority Senior Management Strategic Review Day

Nascon

1,807

Safety Statement draft formulation and revisions for the EA - Risk Assessment site visit

2011

Consultant

Amount (€)

Purpose

Department

Professor Gisli Gudjonsson

6,867

Review of Garda Training in interviewing suspects

Forensic Navigation Services Ltd.

7,316

Review of Garda Training in interviewing suspects

Byrne, O' Cleirigh

3,993

Consultant engineers engaged to carry out the risk assessment on the underground storage of explosives at Tara Mines.

LHM Casey McGrath

15,712

Recommendations on Thornton Build and Penal Policy

Agencies

Lowers & Associates LLC

24,289

Risk assessment services and advice relating to all operational aspects of the cash-in-transit (CIT) industry.

DHKN

2,759

Review of Internal Financial Control Procedures Manual

DHKN

2,269

Risk Register Management Process

Andrew Doyle Safety Consultants

2,662

Health & Safety Consultancy.

PAPS Public (Damien Smith)

2,898

Pension advice.

John Brosnan

400

Review and advice of new Garda rosters.

Ann Clarke

9,983

Feasibility study on the introduction of a Circles of Support and Accountability Model (COSA) in Ireland

2012

Consultant

Amount (€)

Purpose

Department

McCann, Fitzgerald, Solicitors

199,541

Advice relating to the Personal Insolvency Service

Agencies

Seamus O'Dwyer

1,000

Pension advice

Lowers & Associates LLC

24,156

Risk assessment services and advice relating to all operational aspects of the cash-in-transit (CIT) industry

Christopher Fox

12,304

Provision of advice on the rationalisation of senior management positions in the Garda Siochana.

Dr.Ron Iphofen

2,768

Provision of ethical advice on the study design of research.

PAPS Public (Damien Smith)

589

Pension advice

MAZARS

7,011

Strategy development

Eneclann Ltd

2,903

Record Management Services

Legal Matters

Questions (229)

Mary Lou McDonald

Question:

229. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide details in tabular form for the years 2008, 2009, 2010, 2011 and to date in 2012 inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers' and solicitors' firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender; and if he will make a statement on the matter. [45318/12]

View answer

Written answers

I wish to inform the Deputy that, with very few exceptions, legal advice is provided for my Department by the Office of the Attorney General and/or the Office of the Chief State Solicitor. As such, the issues of fees and competitive tendering do not arise. The specific information sought by the Deputy in respect of my Department and bodies and agencies for which I have responsibility, is outlined in the table below.

Subject Matter

Firm Involved

Fees Paid

(€)

Subject to Tender

(Y/N)

Nature of Advice

2012

Development of the Insolvency Bill 2012

McCann Fitzgerald, Solicitors

199,541

N

General insolvency issues

2011

N/A

2010

N/A

2009

N/A

2008

Consolidation of the Garda Síochána Pensions Orders.

Matheson, Ormsby & Prentice

4,432

Y

Not Stated.

I wish to advise the Deputy that there are a range of agencies and bodies within the Justice sector who are statutorily independent and for whom I do not have responsibility. Information in respect of these bodies is not provided in this reply.

Consultancy Contracts Issues

Questions (230)

Mary Lou McDonald

Question:

230. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide a list of all companies or persons providing an external professional service to his Department such as ICT, legal advice, advertising, project management and including any other external professional service not listed; the amount invoiced by each company to him over the past 12 months, in tabular form. [45335/12]

View answer

Written answers

I wish to refer the Deputy to my reply to PQ 36656/12 of the 19th July 2012, which covered the period to the end of June 2012, wherein I advised that the only manner in which my Department can identify professional services is by reference to the automatic deduction of Professional Withholding Tax. This tax covers a range of professional activities not limited to the examples supplied by the Deputy. The listing sought by the Deputy amounts to 522,015 individual transactions over the 12 month period to 30th September 2012. As previously advised, the sheer volume and scale of information sought would make the provision of a full listing unsuitable for transmission via the PQ system. In the period from the 1st July to 30th September 2012, the period not covered under PQ 36656/12, a total of 1,487 individual firms had withholding tax deducted from payments totalling €13.7m. Of this total, €10.8m is accounted for by payments to legal professionals under the system of criminal legal aid.

Property Services Regulation

Questions (231)

Michelle Mulherin

Question:

231. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of applicants for a licence pursuant to the Property Service (Regulations) Act 2011, that have been found to have been operating without the requisite licence or permit under the Auctioneers and House Agents Acts 1947 to 1973 for three of the five years immediately preceding their application; the number of applications that are currently being queried on account of not presenting evidence to date of holding such a licence; and if he will make a statement on the matter. [45362/12]

View answer

Written answers

I refer the Deputy to Questions Nos. 450, 451 and 452 of 9th October 2012. The Deputy asks for the number of licence applicants “that have been found to have been operating without the requisite licence permit under the Auctioneers and House Agents Acts 1947 to 1973 for three of the five years immediately preceding their application”. The Authority does not seek this information generally for the purposes of the licence application as it has relevance only in very specific circumstances. Consequently, it does not have the information which the Deputy is seeking.

The only time where the holding of a licence from the Revenue Commissioners for three of the five years immediately preceding the making of the application is relevant is where the applicant is presenting it as evidence of their qualification. In this regard it should be noted that one of a number of criteria which must be met before a licence may be granted is that the applicant meets the statutory “minimum qualifications”. This requires that an applicant have either a minimum “academic qualification” or a “minimum level of experience”. A “minimum level of experience” means, having been lawfully engaged in the provision of the property service, in respect of which the licence is sought, for three of the five years immediately preceding the making of the application. Such experience may be verified in a number of ways, including the presentation of three licences issued by the Revenue Commissioners in the five years immediately preceding the making of the application.

Departmental Expenditure

Questions (232)

Michael McGrath

Question:

232. Deputy Michael McGrath asked the Minister for Defence if he will provide in tabular form, in respect of 2011, the number of payments issued by his Department and each agency within the remit of his Department to suppliers in respect of the supply of goods and services; splitting the payments between those issued within 30 days of receipt of the invoice; between 30 and 60 days of receipt of the invoice; between 60 and 90 days of receipt of the invoice; between 90 and 120 days of receipt of the invoice; and in excess of 120 days of receipt of the invoice. [45015/12]

View answer

Written answers

Details of the number of supplier payments issued by the Department of Defence for the Defence Sector are set out in the following table.

NO. OF PAYMENTS ISSUED BY THE DEPARTMENT OF DEFENCE IN 2011

Total number of payments

0-30 Days

31-60 Days

61-90 Days

91-120 Days

Over 120 Days

42,647

41,981

505

79

34

48

Consultancy Contracts Issues

Questions (233)

Mary Lou McDonald

Question:

233. Deputy Mary Lou McDonald asked the Minister for Defence if he will provide details in tabular form for the years 2008, 2009, 2010, 2011 and to date in 2012 the total amount of expenditure on consultancy by his Department, any body under his aegis or State agency for which he has responsibility; the names of the consultancy companies awarded contracts; the nature of the work concerned; the fees paid to each consultant; if the matter was advertised for competitive tender; and if he will make a statement on the matter. [45294/12]

View answer

Written answers

The information requested by the Deputy in relation to the total amount of expenditure on consultancy by my Department and its agencies, including the Defence Forces, for 2008, 2009, 2010, 2011 and to date in 2012 is set out in the table below. My Department is always mindful of the costs involved in engaging consultants. External consultants are engaged only when there is a clear need for specialised expertise and following a rigorous examination of skills and resources available in-house. The objective of using outside consultants is to ensure that my Department achieves value for money by implementing recommendations for improvements in order to maximise efficiency and effectiveness.

My Department adheres to the standards set out in the Public Procurement rules & guidelines in awarding contracts.

Year

Name of Consultancy

Purpose

Amount

2007/08

Murray Consultants

A Public Information and Awareness Campaign on Emergency Planning. The contract provided for the development of the Emergency Planning website, drafting, publication and distribution of a handbook on Emergency Planning and a media advertisement campaign associated with the launch of the handbook.

€2.1million

2008-2012

ABS Ltd

Consultancy on compliance with IMO (International Maritime Organisation) regulations / ship surveys

€113496

2008/2009

Moloney & Assoc Ltd

Consultancy on Noise survey on LE EMER on completion of remedial work

€5,760

2008/09/10/11/12

Fujitsu (Ireland) Ltd

Provide consultancy and maintenance services for the organisation’s Oracle e Business Suite and related applications.

€280,370

2008/09/10/11/12

Col. E.V. Campion

Provides expert advice to the Army Equitation School’s Horse Purchase Board in their deliberations following the inspection of horses that are being considered for purchase. The cost per annum is €5,000.

€25,000

2009/11

Version 1 Ltd

Commissioned in 2009 and 2011 to provide a report in respect of Oracle licence management in the Department of Defence and the Defence Forces. The results of this report will assist in the formulation of policy and practice in the area of licence management.

€3,661

2008/09

PA Consultant Group

Commissioned to make recommendations on the best means of meeting the medical requirements of the Defence Forces. The consultancy focused on the sustainable provision of the relevant medical expertise and services to the Defence Forces. The consultants recommended a programme of major change, implementation of which is ongoing.

€115,130

2008

Independent Monitoring Group

i.r.o Doyle Reports concerning Harassment, Bullying & Discrimination

€37,109

2008/10

FGS Consulting

A Value for Money Review of Military Training Lands. This review is part of a programme agreed between the Department of Defence and the Department of Finance as part of the Government’s Value for Money and Policy Review initiative. The review is at an advanced stage and it is anticipated that this report will be completed in the near future.

€89,540

2008

McCann Fitzgerald, Solicitors

To provide legal drafting, research and advice services in relation to the drafting of revised Rules of Procedure and new Court Martial Rules following the enactment of the Defence (Amendment) Act, 2007.

€53,845

2008

BMT Defence Services Ltd, UK

Engaged in relation to the Naval Vessel Replacement Programme.

€85,603

2008

Entograph Ltd

were commissioned to carry out a report for the control of bracken in the Glen of Imaal

€30,129

2008

Mott McDonald Ltd

Commissioned to carry out a review of the Safety Policy at Casement Aerodrome in Baldonnel.

€50,000

2008

Mr. Brendan Gallagher, Refrigeration Consultant

Consultancy on the phase out of R22 in refrigeration and air conditioning plants on NS ships

€9,860

2008

Promara

Naval Architect Services

€7,714

2008

Redstone Technologies

I.T Consultancy for disaster recovery Plan for Fishery Protection Service

€4,961

2008

Sea Training International

Consultancy on Naval RIBs in use

€7,755

2009

Deloitte

A review of the Finance Branch of the Department. The objective of the review was to examine the business processes, procedures and organisational structures in operation in Finance Branch and to provide a report making recommendations for improvements in order to maximise efficiency and effectiveness. The review is now being implemented and is delivering staff savings and improvements in efficiency and effectiveness.

€97,868

2009

Mc Guinness Killen Partnership Ltd

An independent review of documentation in relation to a legal action initiated by a staff member.

€2,430

2009

Raymond Burke Consulting

An independent quality assessment of the Value for Money Review of Naval Service Vessel Maintenance, as part of the standard VFM process.

€2,800

2009

Achilles Procurement

ICT consultancy was for the running of the Competitive Dialogue Process in the procurement of the Network Operating System.

€600

2009/12

Energy Services, Kinsale Co. Cork

Energy Consultant to advise on the technical aspects of a joint procurement exercise with the Garda, Dept of Justice and Irish Prison Services in 2009. As a result of employing an energy consultant considerable savings were made in Subhead K in the Electricity area.

€40,563

2009

Germanisher Lloyd

Consultancy on compliance with IMO regulations

€14,351

2010

DQ Networks

Technical assistance with the technical plan for the Decentralisation to Newbridge

€10,386

2010

Epsilon Consulting

An independent quality assessment of the Value for Money Review of Military Training Lands as part of the standard VFM process.

€2,178

2011

ISAS

Information Security Advice relating to mobile mail solution

€10,395

2011

Eirdata Environmental Services Ltd

Provide consultancy on the implementation of Energy Saving Measures to ensure compliance with EN16001 & EN50001

€5,808

2011

Graham Evans Fire & Safety

To carry out Survey, Full Risk Assessment of potential risks involved with storage of fuels/bunkering procedures for ships/provide design drawings and proposals for suitable Fixed Fire Fighting System for the Naval Base Oil Storage Facility, to ensure that the NS is compliant to the International Maritime Standards (ISGOTT)

€2,880

2011

University of Limerick

Consultancy on Value Management Procedure/Exercise on the decommissioning of vessels in the NS

€5,869

2011

Hydrographic Surveys

Consultancy relating to Basin Dredging

€4,452

2011

Malachy Walsh and Partners

Consultancy to ensure NS compliance with EPA requirements for a Waste Water Discharge Licence for Haulbowline

€6,060.59

2012

Bianconi Research Ltd. T/A RITS

Security Partner Consultancy

€18,204

2011 & 2012

SGS Ireland Ltd

Consultancy to ensure NS compliance with EN16001:2009 Energy Management Systems (€5021.50)

EU Emission Verification Mandatory requirement for outside body to conduct verification (€1,190)

€6212

Legal Matters

Questions (234)

Mary Lou McDonald

Question:

234. Deputy Mary Lou McDonald asked the Minister for Defence if he will provide details in tabular form for the years 2008, 2009, 2010, 2011 and to date in 2012 inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers' and solicitors' firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender; and if he will make a statement on the matter. [45311/12]

View answer

Written answers

The Chief State Solicitors Office and the State Claims Agency deal with all legal matters on behalf of the Department. As such it would seldom arise that the Department procures the services of external solicitors and barristers directly. The table below only includes costs incurred by the Department in obtaining legal advices directly and does not include legal costs in relation to litigation cases which are mainly managed by the State Claims Agency and the Chief State Solicitors Office. I can obtain that information for the Deputy should she require it.

Name of Solicitors

Subject Matter of Advice Sought

Fee Paid

Advertised for Competitive Tender?

2007

McCann Fitzgerald solicitors

Contracted to provide legal drafting, research and advice services in relation to the drafting of new Rules of Procedure and Court Martial Rules following the enactment of the Defence (Amendment) Act, 2007.

€59,895, including VAT, was paid in 2008.

Yes.

Name of Solicitors

Subject Matter of Advice Sought

Fee Paid

Advertised for Competitive Tender?

2008

B.P. McCormack & Son, Solicitors

The Defence Forces Canteen Board procured legal advice in relation to two cases. Firstly, advice was sought concerning the amendment of regulations and, secondly, legal advice was sought in a case taken by an employee of the Board.

€5,505.50, including VAT, was paid in 2008.

No.

2009

Nil

Nil

Nil

Nil

2010

Nil

Nil

Nil

Nil

Name of Solicitors

Subject Matter of Advice Sought

Fee Paid

Advertised for Competitive Tender?

2011

AL Goodbody Solicitors

Legal advice in relation to a conciliation hearing between my Department and a building contractor.

€21,168.75, including VAT, was paid in 2011.

No competitive tender competition was held due to the short timescale available between notification of the requirement for legal advice and the date of the conciliation meeting. AL Goodbody was selected to provide this service on the basis that they had been engaged by the Department of Finance to provide advice on the contract documents that were the subject matter of the hearing.

2012 to date

Nil

Nil

Nil

Nil

The Deputy should note that the overall figure of €59,895 to Mc Cann Fitzgerald Solictors for 2007 includes an amount of €6,050 including VAT, which was paid to counsel as part of this advisory requirement. This figure was omitted from a previous Parliamentary Question answered on 25th October 2011 due to an oversight and only came to light in the course of compiling the information for this answer.

While it possibly falls outside the terms of the question, for completeness, I would like to advise the Deputy that the independent selection committee for the military judge appointment sought legal advice arising from the 2010 Competition for the Military Judge. While the Committee is completely independent in its functions, the payment to senior counsel in respect of that advice in the amount of €9,075 including VAT was paid in 2011 out of my Department’s Vote.

Consultancy Contracts Issues

Questions (235)

Mary Lou McDonald

Question:

235. Deputy Mary Lou McDonald asked the Minister for Defence if he will provide a list of all companies or persons providing an external professional service to his Department such as ICT, legal advice, advertising, project management and including any other external professional service not listed; the amount invoiced by each company to him over the past 12 months, in tabular form. [45328/12]

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Written answers

It has not been possible in the time available to compile the information requested by the Deputy. The information will be forwarded to the Deputy as soon as possible.

Afforestation Programme

Questions (236)

John Lyons

Question:

236. Deputy John Lyons asked the Minister for Agriculture, Food and the Marine if provisions will be included during any possible sale of certain Coillte assets, including harvesting rights to Coillte’s forests, that an afforestation programme must be undertaken in order to encourage a gradual increase in the number of trees rather than a short-term sell-off of our forests. [44967/12]

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Written answers

In relation to the Government Decision that a concession for the harvesting rights to Coillte’s forests be put forward for possible sale, Coillte Board and management have been actively engaged in recent months with NewERA, the Department of Public Expenditure and Reform and my Department to examine the financial and other implications of developing the potential of Coillte’s forest assets.

The process is at an early stage and a number of issues, including the replanting obligation, have been identified in relation to the possible harvesting rights concession. In order to preserve the forest estate, my Department’s long-term policy is that, apart from exceptional circumstances, replanting should take place on all areas harvested.

The Forest Service of my Department promotes afforestation, on an ongoing basis, as a viable land use for farmers through the provision of planting grants and payment of annual premiums. A total of €111.76 million in funding for capital and current expenditure was allocated for the overall forestry programme in 2012, to facilitate the payment for close to 7,000 hectares of new planting.

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