The Department of Foreign Affairs and Trade acts as the Agent of the Government in proceedings before the European Court of Human Rights. As such, officers in the Legal Division of my Department provide input into such proceedings in conjunction with the Office of the Attorney General and external counsel. The cost of retaining external counsel for the State is borne by the Office of the Attorney General. Legal proceedings before the European Court of Human Rights are principally in written form, but in those cases where the proceedings involve oral argument travel costs are incurred by my officials in travelling to and from Strasbourg. In the event of the State losing a case before the European Court of Human Rights and legal costs being awarded to the applicant, such costs are borne by the relevant line Department. My Department has not been the responsible line department for any proceedings before the European Court of Human Rights from the years 2005 to 2012 and so has not incurred any legal costs during that period. Travel costs have been incurred in acting as Agent of the Government as set out in Table 1 below.
Table 1
Case
|
Date of Hearing
|
Travel Costs
|
D v Ireland
|
6 September 2005
|
€2,096.15
|
A, B, C v Ireland
|
9 December 2009
|
€1,297.70
|
McFarlane v Ireland
|
3 March 2010
|
€1,139.91
|
The Office of the Chief State Solicitor acts as the Agent of the Government in proceedings before the European Union Court of Justice and the General Court. I am not aware of any proceedings before these Courts from the years 2005 to 2012 for which my Department was the relevant line Department and incurred legal costs. Travel expenses were incurred, however, in an officer from my Department attending two hearings where legal issues relevant to my Department arose as set out in Table 2 below.
Table 2
Case
|
Date of Hearing
|
Travel Costs
|
Case C-459/03, Commission v Ireland
|
8 November 2005
|
€2,459.23
|
Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, Commission v Kadi
|
16 October 2012
|
€1,103.29
|