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Departmental Legal Services

Dáil Éireann Debate, Tuesday - 6 May 2014

Tuesday, 6 May 2014

Questions (210)

Finian McGrath

Question:

210. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that the Commission for Public Service Appointments will continue to avail of the services of a private firm of solicitors rather than using the expertise of the Chief State Solicitor’s office (details supplied); and if he will make a statement on the matter. [20351/14]

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Written answers

The Commission for Public Service Appointments (CPSA) is responsible for overseeing the conduct of appointment processes to a wide range of positions in the Civil and Public Service.  In carrying out its independent statutory functions, the CPSA must, on occasions, seek independent legal advice on issues that come to light in the course of its examination of appointment processes. Given that the Civil Service Departments and Offices rely on the CSSO for their own legal advice, there is a strong risk of a conflict of interest arising if the CPSA were also to seek legal advice from the CSSO and, as such, it would be entirely inappropriate for the CPSA to seek independent legal advice from the CSSO. The contract for the provision of its legal services was awarded in December 2009 following a tender competition in which bids from 7 legal firms were obtained.  I understand that the CPSA is satisfied with the independent legal services which have been provided. It should be noted that following the amalgamation of the Office of the Ombudsman with the CPSA, any future contracts negotiated for the provision of legal services for the Office of the Ombudsman will include any legal services requirements of the CPSA.

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