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Commissions of Investigation Data

Dáil Éireann Debate, Thursday - 28 February 2019

Thursday, 28 February 2019

Questions (18)

Mick Wallace

Question:

18. Deputy Mick Wallace asked the Minister for Finance the number of witnesses from his Department who have given evidence before the Cooke Commission; the number of legal counsel employed by his Department in relation to representation before the commission; the fees paid to legal counsel with regard to the commission since its inception; and if he will make a statement on the matter. [9956/19]

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Written answers

The Commission was established by order of the Government, on 13th June 2017, pursuant to section 3 of the Commissions of Investigation Act 2004 ("the Act"). The Order of the Government establishing the Commission is set out in the Commission of lnvestigation (National Asset Management Agency) Order 2017 (S.l. No. 267 of 2017). Under that Order, the Taoiseach was appointed as the specified Minister, for the purposes of section 3(3)(b) of the Act. The Honourable John D. Cooke, retired judge of the High Court, was appointed as sole member of the Commission.

The Rules and Procedures of the Commission were drafted and formally adopted by the sole member on 22nd August 2017, pursuant to section 15 of the Act. The Rules and Procedures of the Commission contain General Guidelines on the Payment of Legal Costs. These guidelines were prepared by the Taoiseach (as specified Minister) following consultation with the Commission and with the approval of the Minister for Public Expenditure and Reform as required by the Act.

The Rules and Procedures of the Commission allows for legal fees to be recovered from the Commission in certain circumstances. In short these are where: i) the good name or conduct of the witness are called into question by any evidence received by the Commission; or (ii) other personal or property rights of the witness are at risk of being jeopardised as a result of any evidence received by the Commission. The Rules and Procedures set out the basis and process for recovery of costs from the Commission in further detail, and cap the costs relating to legal representation before the Commission as follows:

Senior Counsel: €788.27 per diem (excluding VAT);

Junior Counsel: €394.14 per diem (excluding VAT); and

Solicitor: €624.00 per diem (excluding VAT).

The Commission has called on two former officials of the Department and one current official to give evidence. With the approval of the Office of the Attorney General, the Chief State Solicitor’s Office has instructed one junior counsel to provide legal representation to these witnesses in accordance with the Rules and Procedures of the Commission. The same junior counsel is representing each witness. The two witnesses who have appeared to date gave evidence over a half-day each. It is expected that the third witness will also be called for less than one day. To date transcripts have only been provided to these officials in respect of their own evidence, thereby minimising any additional legal costs.

The Chief State Solicitor’s Office will discharge the fees incurred in the provision of the services provided by the junior counsel in this case. I am advised by the Chief State Solicitor’s Office that no fees have been discharged to date.

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