Dáil Éireann Debate, Thursday - 23 May 2013
102. Deputy Sean Fleming asked the Minister for Social Protection her views on whether sufficient progress is being made in reducing the State's legal bill in her Department and any State agencies under her aegis; and if she will make a statement on the matter. [25169/13]
View answerThe State’s legal bill in relation to the Department of Social Protection is comprised solely of costs associated with litigation. The legal costs of litigation are not managed by the Department. The Chief State Solicitors Office provides professional advice to the Department in relation to such costs. I am satisfied that the advice provided in relation to such matters is cognisant of the need to ensure that the State’s legal bill is no higher than necessary and that sufficient progress has been made in recent years in reducing the costs of litigation against the State generally.
The statutory bodies operating under the aegis of the Department of Social Protection are the Citizens Information Board, the Pensions Board, the Office of the Pensions Ombudsman and the Social Welfare Tribunal.
Citizens Information Board
The Citizens Information Board has a three year contract in place since 2011 for the provision of legal advice to the Board. The contract was put in place following a tendering process. The tendering process is used by the Board to procure legal services to ensure that it gets the most competitive rates. Appropriate governance and accountability procedures are in place in relation to expenditure by the Board on legal advice.
Pensions Board
There are a number of measures in place to reduce legal outsourcing expenditure. The Board entered into a Legal Framework Agreement in 2012 with a number of legal firms for the provision of legal services to replace a prior framework agreement. The Board secured reductions in hourly rates under the Legal Framework Agreement 2012 to 2015. In addition, the Finance and Audit Committee exercise significant control over legal outsourcing budgets.
Office of the Pensions Ombudsman
The Pensions Ombudsman sources legal services from a panel which was established following a competitive tendering process. The panel is reviewed on an annual basis. The prices quoted by providers take account of the Financial Emergency Measures legislation and other negotiated discounts. Legal fees are monitored and reviewed on a continuous basis with the aim of providing value for money to the Exchequer. The Office of the Pensions Ombudsman is facing an unprecedented level of demand for its service with a 78% increase in new enquiries and a 24% increase in detailed investigation cases opened in 2012. The complexity of cases is increasing, and there is a tendency towards increased litigation. Legal costs are therefore a significant element of the overall costs of the Office and are monitored closely.
Social Welfare Tribunal
The Social Welfare Tribunal does not incur expenditure in respect of legal fees.
