I propose to take Questions Nos. 338 to 340, inclusive, together.
As the Deputy will be aware, counsel fees were reduced in both 2009 and 2010 respectively as part of a broader Government agenda to reduce escalating legal costs. A further reduction was imposed in 2011 primarily to control spending under the Criminal Legal Aid Scheme. These reductions were underpinned by Government decisions and formed part of a broader Government need to reduce costs across the public service.
Turning firstly to address the issue of restoration to other public sector employees, Section 43 of the Public Service Pay and Pensions Act 2017 had the effect, from 1 January 2020, of restoring the fee rates reduced by regulations made under Section 9(1) or Section10 of the FEMPI Act of 2009 to the rates prior to reduction other than where new regulations have been made by the relevant Minister under Section 42. However, counsel fee reductions were not made under FEMPI legislation but rather:
- formed part of a broader Government agenda to reduce escalating legal costs
- were introduced by way of Government decisions
State Solicitors pay has an established link with the Assistant Principal or AP grade within the Civil Service. Therefore, the remuneration of State Solicitors comprises a personal element for the individual State Solicitor equivalent to first point of the AP salary, a staffing element related to Clerical Officer grade and an expenses element that increases in relation to certain Consumer Price Index movements. The personal and staffing elements attract changes as per National Wage Agreements.
Since 2016, my Department has engaged constructively with the Bar of Ireland, the Office of the Director of Public Prosecutions and the Department of Justice in relation to these matters. I fully acknowledge and appreciate the very important work undertaken by barristers who prosecute criminal work on behalf of the State and my Department has engaged constructively with key stakeholders including the Bar Council of Ireland, the Office of Director of Public Prosecutions and the Department of Justice in relation to this matter. In particular it has sought evidence to support any claims that the reductions imposed are linked to significant recruitment and retention issues, thereby potentially adversely impacting the administration of justice. While my Department has not yet been provided with evidential data to support such claims, it remains available to review any further information that may be provided.
My Department continues to give careful consideration to this matter which will be informed by the advice of the Attorney General’s Office.
