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Legal Costs

Dáil Éireann Debate, Wednesday - 14 October 2015

Wednesday, 14 October 2015

Questions (17)

Finian McGrath

Question:

17. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform the amount in legal fees incurred by the Commission for Public Service Appointments for 2015 to date; and for each of the past four years; if consideration is being given to disputing the amount of any of these legal costs listed before the Taxing Master in the High Court, by taxation on a solicitor; and by a client costs basis; and if he will make a statement on the matter. [35896/15]

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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.  In addition, expenditure has been incurred by the CPSA over the last three years in successfully defending a legal challenge. The  legal fees incurred by the Commission for Public Service Appointments for 2015 to date and for each of the past four years are provided in the following table.

Year

Amount

2015 to date

€2,000

2014

€132,000

2013

€35,000

2012

€1,000

2011

€22,000

When a person incurs costs as a result of litigation, they may have these costs taxed. The taxation of costs is the assessment and measurement of legal costs by an officer known as a Taxing Master. Costs are sent to taxation where there is a disagreement as to the quantity of the costs between the parties to the litigation, as opposed to the legal services tendered.  

I am advised that the fees paid to the Legal Advisors engaged by the CPSA highlighted in the above table were in accordance with the schedule of fees submitted in the course of a competitive tendering process and, as such, a review by the Taxing Master was not required. I also understand that the Office of the Ombudsman, which provides the secretariat for the CPSA, gives proper care and attention to its fiduciary responsibilities and has sought to minimise the outlay on legal fees arising from the particular legal challenge referred to above.

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