Thursday, 13 June 2019

Questions (54)

Alan Kelly

Question:

54. Deputy Alan Kelly asked the Minister for Finance the cost to date of legal fees incurred in the case being pursued by the State relating to the decision of the European Commission regarding the alleged grant of state aid to a company (details supplied); the names and amount of fees paid to date to each law firm, senior counsel and barrister; if the senior counsel or barristers are full-time employees of universities here; his views on whether such payments are in breach of the one person, one salary principle; and if he will make a statement on the matter. [24623/19]

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Written answers (Question to Finance)

Ireland has never accepted the Commission’s analysis in the Apple State aid Decision and is challenging the Commission’s decision before the European Courts. Notwithstanding this, the Irish authorities have engaged fully with the Commission throughout the State aid investigation. This involved a significant degree of legal and technical complexity, and additional expertise has been engaged where required.

Over the past seven years approximately €7.1 million (including VAT) has been paid in total, of which approximately €3.7 million relates to the recovery process. This includes all legal costs, consultancy fees and other associated costs. These fees have been paid by the Department of Finance, Revenue Commissioners, NTMA, Central Bank of Ireland, Attorney General’s Office and Chief State Solicitor’s Office. As this is an important issue for the State, the case will continue to be resourced as necessary.

We have received legal advice that the disclosure of information relating to professional fees paid to named barristers on foot of a PQ is likely to be in breach of the GDPR and the Data Protection Act.  It is, however, possible to provide anonymised or aggregated information regarding Counsels fees provided that this is done in such a way as to protect the identity the individual barristers.

In reply to your questions the following table provides details of the legal fees incurred to date, inclusive of VAT.  

Service Providers

 

2013

2014

2015

2016

2017

2018

2019

 

External Counsel

€4,113.12

€174,497.94

€326,258.60

€487,090.00

€1,129,736.00

€446,290.00

142,116.66

€2,710,102.32

William Fry

€0.00

€0.00

€0.00

€206,667.68

€2,082,203.90

€798,045.85

€28,400.95

€3,115,318.38

McCann Fitzgerald

€0.00

€0.00

€0.00

€0.00

€72,570.00

€455,900.00

€0.00

€528,470.00

PWC

€0.00

€0.00

€327,057.00

€268,343.38

€0.00

€0.00

€0.00

€595,400.38

Hogan Lovells

 

€3,936.00

€0.00

€0.00

€0.00

€0.00

€0.00

€3,936.00

Experts

€0.00

€3,075.00

€0.00

€3,874.00

€147,536.49

€10,840.91

€0.00

€165,326.40

TOTAL

€4,113.12

€181,508.94

€653,315.60

€965,975.06

€3,432,046.39

€1,711,076.76

€170,517.61

€7,118,553.48