Legal Matters

Dáil Éireann Debate, Tuesday - 8 April 2014

Tuesday, 8 April 2014

Questions (51, 52)

Luke 'Ming' Flanagan

Question:

51. Deputy Luke 'Ming' Flanagan asked the Taoiseach if he will provide in tabular form the number of judicial review cases issued in past four years handled by the Office of the Chief State Solicitor; the number of cases where the Office of the Chief State Solicitor directed the entity to assist affected members of the public obtain reasons for decisions by assisting or offering to assist them make a section 18 of the Freedom of Information Act application under obligations imposed on officials under Freedom of Information Regulations 519/1998 Act prior to proceedings being issued by the person and taking into account the injustice and the cost of legal proceedings; and if he will make a statement on the matter. [16157/14]

Luke 'Ming' Flanagan

Question:

52. Deputy Luke 'Ming' Flanagan asked the Taoiseach if he will provide in tabular form the number of judicial review cases issued in past four years handled by the Office of the Chief State Solicitor and the number of cases where the public entity assisted affected members of the public obtain reasons for decisions by assisting or offering to assist them make a section 18 of the Freedom of Information Act application under obligations imposed on officials under Freedom of Information Regulations 519/1998 Act prior to proceedings being issued by the person and taking the injustice and the cost of legal proceedings; and if he will make a statement on the matter. [16163/14]

Written answers

The Taoiseach

I propose to take Questions Nos. 51 and 52 together.

I am informed that the number of judicial review cases in respect of which files were opened by the Office of the Chief State Solicitor is as follows:

Year	Number of judicial review cases
2010	389
2011	275
2012	276
2013	303
2014 to 3rd April 2014	47

The CSSO is a constituent element of the Attorney General’s Office and provides litigation services by acting as a solicitor to Ireland, the Attorney General, Government Departments and certain State agencies as well as providing advisory services to those bodies. It is not the function of the CSSO to provide legal advice to the public generally. The Freedom of Information Act confers entitlements on members of the public to seek reasons for decisions. An application pursuant to Section 18 of the Freedom of Information Act must be made by a person who has a material interest in a matter affected by an act of a public body.

Accordingly, applications pursuant to Section 18 are made to the public body concerned. The CSSO does not have a function of providing advice to persons threatening proceedings against the State or bringing proceedings against the State as to how those proceedings might be obviated or prosecuted.