I propose to take Question Nos. 308 and 310 together.
In general, My Department uses the Services of the Office of the Attorney General and the Office of the Chief State Solicitor. However it seek outside legal advisers in circumstances requiring legal services of a specific nature. The costs associated with the Office of the Attorney General and Office of the Chief State Solicitor are borne by their respective votes.
The following table sets out the details requested by the Deputy:
Legal advice sought for which no tender competition was held
Year
|
Legal advice sought from
|
Reason
|
Fees paid
|
|
|
|
€
|
2006
|
Arthur Cox*
|
To independently review the standard forms of contract
|
10,890
|
2006
|
Max Abrahamson*
|
To independently review the standard forms of contract
|
30,250
|
2006
|
A & L Goodbody**
|
To provide legal advice and commentary on training material
|
7,348
|
2008
|
Arthur Cox ***
|
Advice relating to Bank guarantee scheme
|
12,308,777
|
|
|
|
Fees cover period 2008-2010
|
*Eminent independent Irish contract lawyer engaged to carry out peer review of new public works contracts.
**The expert legal drafter of public works contracts was engaged to verify the accuracy of the training consultants training material in regard to contracts.
***Normal procurement procedures were not followed because of the urgency of the issue.
Legal advice provided following tender process
Year
|
Legal advice sought from
|
Reason
|
Fees paid
|
|
|
|
€
|
2006
|
Matcheson Ormbsby Prentice
|
Advice relating to general supplies and service contracts
|
25,549
|
2007
|
A & L Goodbody
|
Advice relating to sale of ACC bank
|
112,050
|
2008
|
McCann Fitzgerald
|
Advice relating to procurement of air/transport agency services
|
48,400
|
I am informed by the Revenue Commissioners that, following an open tender process undertaken in 2009, Revenue entered into contracts with six firms of solicitors to provide legal services associated with debt collection and recovery. The contracts came into operation with effect from 1 January 2010 and will remain in force for six years.
I understand that Revenue took particular care to ensure that the open tender process fully adhered to public procurement guidelines. To assist in the tender preparation process, Revenue utilised the services of Messrs. Philip Lee, Solicitors, Dublin and Messrs. Cyril O'Neill, Legal Cost Accountants, Dublin.
The six firms of solicitors, and the total amount of fees paid to each of the firms in 2010, are listed in the table below. Another firm, George V. Maloney, that completed work for Revenue in 2010 under the terms of a previous contract, is also included.
Name of Firm
|
Fees paid
|
|
€
|
Holmes O’Malley Sexton, Limerick
|
716,246
|
Ivor Fitzpatrick & Co, Dublin
|
1,095,244
|
Lavelle Coleman & Co, Dublin
|
239,378
|
Mason Hayes & Curran, Dublin
|
615,068
|
Matheson Ormsby Prentice, Dublin
|
712,809
|
Pierse & Fitzgibbon, Listowel
|
730,065
|
George V. Maloney, Cavan
|
639,838
|
Total
|
4,748,648
|
The National Asset Management Agency held the following tender competitions for legal services in the 2009 and 2010. In May 2009 a tender competition was held to appoint a legal adviser to advise and assist the NTMA in its preparatory work in structuring NAMA and to ensure that enabling legislation was fit for purpose. No legal firm was employed in the running of the tender process. The successful tenderer was Arthur Cox. The work tendered for involved providing legal advice in relation to NAMA's corporate framework, the planning and design of the legal framework for participation in NAMA and advice on legal issues which will be incorporated into the draft legislation, including the following areas:
legal structure of NAMA; state owned company or statutory body corporate;
legal structures for NAMA and NAMA sponsored SPVs;
banking and regulatory issues;
constitutional and administrative law issues;
asset transfers — legal requirements and options;
asset management — options for servicing, restructuring and disposal;
enforcement of security — legal requirements and options;
legal relationships with participating banks, syndicate banks and other stakeholders;
formulation of standard term sheet and conditions for participation;
design of due diligence process for asset transfers;
design of documentation for asset transfers;
design of servicing agreements and other matters ancillary to participation;
The fee received by Arthur Cox for the work carried out amounted to €911,250.
On the 31 July 2009 a further tender competition was held to procure a panel of suitably qualified and experienced Irish qualified legal advisers to advise and assist the National Treasury Management Agency ( and on its establishment, the National Asset Management Agency) in carrying out legal due diligence on the Irish assets that will be acquired by NAMA( i.e. loans and other security documents governed and construed in accordance with Irish law). No legal firm was employed in furnishing advice with regard to the tender process. The list of 67 firms selected to provide due diligence services are listed in the following table.
Firms
|
Alfred Thornton & Company
|
McKeever Taylor
|
Andrew Crean-Lynch Solicitors
|
MG Ryan & Co
|
Arthur Cox
|
Michael Houlihan & Partners
|
Babington Croasdaile Solicitors
|
Murphy Mac Namara & Co
|
BCM Hanley Wallace Solicitors
|
Murray Flynn Maguire
|
Beauchamps Solicitors
|
MW Keller & Son Solicitors
|
Brian O’Donnell & Partners
|
Nolan Farrell & Goff
|
Callan Tansey Solicitors
|
O’Flynn Exhams Solicitors
|
Cathal N Young O’Reilly & Co
|
O’Rourke Reid law firm
|
Comyn Kelleher Tobin Solicitors
|
Orpen Franks Solicitors
|
Dermot g O’Donovan Solicitors
|
O’Sullivan Barnicle
|
Dillon Eustace
|
O’Sullivan & Associates Solicitors
|
Donnegans Solicitors
|
O’Sullivan Partners
|
Eugene F Collins
|
P J O’Driscolls & Solicitors 41
|
Eversheds O’Donnell Sweeney
|
P J O’Driscoll & Sons 73
|
Fitzgerald Solicitors
|
P O’Connor & Son Solicitors
|
G & D Walsh Solicitors
|
Richard Black Solicitors
|
Gallenalliance
|
Ronan Daly Jermyn
|
Gartlan Furey Solicitors
|
Sheehan & Company
|
Gore & Grimes
|
Smith Foy & Partners
|
Hayes Solicitors
|
Stephen MacKenzie & Company
|
Hegarty & Armstrong Solicitors
|
Stone Solicitors
|
Holmes O’Malley Sexton
|
Sweeney McGann
|
Ivor Fitzpatrick & Company
|
T P Robinson Solicitors
|
James Riordan & Partners
|
V P Shields
|
Kane Tuohy
|
Vincent & Beatty Solicitors
|
Kilfeather & Co
|
Whitney Moore
|
Lavelle Coleman
|
William Fry
|
Lavery Kirby Gilmartin Solicitors
|
|
Lennon Heather Solicitors
|
|
Lewis C Doyle
|
|
Liston & Co
|
|
LK Shields
|
|
Maples & Calder
|
|
Mason Hayes & Curran
|
|
Matheson Ormsby Prentice
|
|
McCann Fitzgerald Solicitors
|
|
McDowell Purcell Solicitors
|
|
McGuire Desmond
|
|
The nature of the work to be carried out by the successful companies was as follows : — Review of bank due diligence reports and making recommendations to NAMA based on such review
Making further due diligence enquiries in connection with certain assets
Updating due diligence to the date of acquisition and dealing with any material adverse change issues
Dealing with legal issues in the completion process in coordination with NAMA's other professional advisers.
The due diligence reports submitted by the Participating Institutions include the following fields of enquiry in respect of loans and underlying security:
1. Summary of the facility
2. Default status
3. Hedging arrangements
4. Security arrangements
5. Corporate capacity and authority
6. Security registration
7. Inter-lender agreements
8. Development and construction matters including planning and environmental
9. Litigation and disputes
10. VAT and other taxes
11. Ancillary reporting of occupational leases, agreements for.
The fees paid to the successful tenderers are outlined in the following table:
NAMA Legal due diligence panel fees
Name of Firm
|
Amount paid to 10/1/2011
|
Arthur Cox
|
€1,338,327
|
Byrne Wallace
|
€604,746
|
Dillon Eustace
|
€453,780
|
EFC
|
€245,334
|
Eversheds
|
€380,049
|
LK Sheilds
|
€376,849
|
Beauchamps
|
€288,752
|
Gartlan Furey
|
€38,802
|
RDJ
|
€75,645
|
Maples
|
€552,628
|
Mason Hays Curran
|
€57,511
|
MOP
|
€350,580
|
William Fry
|
€59,534
|
A&O
|
£869,318
|
Lovells
|
£932,893
|
Tod Murray
|
£12,925
|
On the 31st March 2010 the National Asset Management Agency held a tender competition seeking to appoint panels of suitably qualified and experienced Irish and UK qualified legal advisers to advise and act for NAMA in Enforcement and refinancing matters. No legal firm was engaged in the tendering process. The list of successful tenderers is as follows:
NAMA Legal Enforcement and Refinancing Panel
Panel — Ireland Enforcement Group 1
|
A&L Goodbody
|
Arthur Cox
|
Byrne Wallace
|
Eugene F Collins
|
Eversheds O’Donnell Sweeney
|
Gartlan Furey
|
Maples and Calder
|
Matheson Ormsby Prentice
|
McCann Fitzgerald
|
Whitney Moore
|
William Fry
|
Panel — Ireland Enforcement Group 2
|
A&L Goodbody
|
Arthur Cox
|
Byrne Wallace
|
Eugene F Collins
|
Eversheds O’Donnell Sweeney
|
Gartlan Furey
|
Hayes Solicitors
|
Lavelle Coleman
|
LK Shields
|
Maples and Calder
|
Matheson Ormsby Prentice
|
McCann Fitzgerald
|
McDowell Purcell
|
Ronan Daly Jermyn
|
Whitney Moore
|
William Fry
|
Panel — UK Enforcement Group 1
|
A&L Goodbody
|
Allen & Overy
|
Arthur Cox
|
Ashurst
|
Brodies
|
Burness
|
C&H Jefferson
|
Carson McDowell
|
Denton Wilde Sapte
|
DLA Piper
|
Dundas & Wilson
|
Herbert Smith
|
John McKee & Son
|
Lovells LLP
|
Simmons & Simmons
|
Taylor Wessing
|
Tods Murray LLP
|
Tughans
|
Panel — UK Enforcement Group 2
|
A&L Goodbody
|
Allen & Overy
|
Arthur Cox
|
Brodies
|
Burness
|
C&H Jefferson
|
Carson McDowell
|
Denton Wilde Sapte
|
DLA Piper
|
Dundas & Wilson
|
Eversheds
|
John McKee & Son
|
Lovells LLP
|
MacFarlanes LLP
|
Nabarro
|
Simmons & Simmons
|
Taylor Wessing
|
Tods Murray LLP
|
Tughans
|
Wragge & Co LLP
|
Panel — UK Refinancing Group 1
|
A&L Goodbody
|
Allen & Overy
|
Arthur Cox
|
Brodies
|
Burges Salmon
|
Burness
|
Carson McDowell
|
Clifford Chance
|
Denton Wilde Sapte
|
DLA Piper
|
Dundas & Wilson
|
Eversheds
|
Herbert Smith
|
John McKee & Son
|
Lovells LLP
|
Nabarro
|
Olswang
|
Simmons & Simmons
|
Slaughter and May
|
Taylor Wessing
|
Tods Murray LLP
|
Tughans
|
Panel — UK Refinancing Group 2
|
A&L Goodbody
|
Allen & Overy
|
Arthur Cox
|
Brodies
|
Burges Salmon
|
Burness
|
Carson McDowell
|
Clifford Chance
|
Denton Wilde Sapte
|
DLA Piper
|
Dundas & Wilson
|
DWF LLP
|
Eversheds
|
John McKee & Son
|
Lovells LLP
|
MacFarlanes LLP
|
Nabarro
|
Olswang
|
Simmons & Simmons
|
Taylor Wessing
|
Tods Murray LLP
|
Tughans
|
Wragge & Company
|
The nature of the work to be undertaken by the successful tenderers was as follows:
Enforcement Category
Enforcement of any security, guarantee, indemnity or surety held by NAMA in respect of assets that will be acquired by NAMA including but not limited to the following legal areas.
1. The requirements of and options under the National Asset Management Agency Act 2009 for NAMA to best meet its statutory objectives;
2. Insolvency law;
3. Litigation;
4. Land and Conveyancing Law in Ireland, UK and other jurisdictions; and
5. Banking and Commercial Law
Refinancing Category
Finance restructuring, the provision of credit facilities and taking of security in respect of assets that will be acquired by NAMA including but not limited to the following legal areas.
1. The requirements of and options under the National Asset Management Agency Act 2009 for NAMA to best meet its statutory objectives;
2. Banking, Commercial and Tax Law; and
3. Insolvency Law
The fees paid in respect of the work carries out by each of the successful tenderers is contained in the following table:
NAMA Legal Enforcement fees & Refinancing Panel Fees
Project
|
Company
|
Fees
|
|
|
€
|
December
|
A & L Goodbody
|
48,793
|
December
|
A & L Goodbody
|
127,606
|
Austing
|
William Fry
|
114,317
|
Norway
|
A & L Goodbody
|
16,890
|
Kildare
|
Eversheds
|
8,304
|
Crystal
|
McCann Fitzgerald
|
52,249
|
Mango
|
A & L Goodbody
|
27,285
|
Penguin
|
A & L Goodbody
|
37,397
|
Globe
|
Arthur Cox
|
296,465
|
The National Development Finance Agency ran two competitive tenders for legal services over the period 2008 to 2010, as set out below. It did not engage any legal firm to furnish advice in respect of these tenders.
1. To advise the State in relation to the National Plan for Radiation Oncology (NPRO) project; and
2. To advise the State in relation to the Thornton Hall prison project.
|
NPRO
|
Thornton Hall
|
Procuring Authority
|
National Development Finance Agency
|
National Development Finance Agency
|
Sponsoring Department
|
Health Services Executive
|
Irish Prison Service (Department of Justice)
|
Tender Initiated
|
2008
|
2010
|
Nature of Work
|
Advice on tender procedure and documentation for the NPRO public private partnership
|
Advice on tender procedure and documentation for the Thornton Hall prison complex public private partnership
|
Winning Firm
|
A&L Goodbody
|
None — project abandoned
|
Fees Paid
|
Not disclosed (see below for explanation)
|
None incurred
|
Fee information is confidential under the terms of the contract. The NDFA sought the release of the information on fees paid but A&L Goodbody refused to permit disclosure on grounds of confidentiality.
Offices of the Ombudsman/Information Commissioner/Commissioner for Environmental Information
The organisation tendered for legal services for the above Offices in 2010. No legal firms furnished advice in the tender process. The contract was awarded to Mason Hayes and Curran. That firm also held the previous contract. The nature of the work for each Office is as follows:
Office of the Ombudsman:
To provide legal advice on the interpretation of the Ombudsman Act, other statutes, statutory instruments, regulations etc. as applying to bodies within remit or on other legal questions and to represent the Ombudsman in any legal proceedings in which the Office is involved.
Office of the Information Commissioner:
To act for the Commissioner in relation to appeals to the High Court of review decisions of the Commissioner, and in relation to any subsequent appeal to the Supreme Court, to advise generally on procedural matters arising under the FOI Acts, to provide legal advice on the interpretation of the FOI Acts or of other statutes, or on other legal questions, to assist, where appropriate, in the drafting of decisions by the Information Commissioner or her staff under the FOI Acts; and to advise, where appropriate, on referring questions of law to the High Court under subsection 42(5) of the FOI Acts.
Office of the Commissioner for Environmental Information:
To act for the Commissioner in relation to appeals to the High Court, made under Article 13 of the Regulations and in relation to any subsequent appeal to the Supreme Court, to advise generally on matters arising from the Commissioner's role in the Regulation or the Directive, including matters of European law, to assist, where appropriate, in the drafting of decisions by the Commissioner or her staff; and to advise, where appropriate, on referring questions of law to the High Court under Article 11(9) of the Regulations.
The fees paid to Mason, Hayes and Curran for each of the three years in question are as follows:
|
2008
|
2009
|
2010
|
|
€
|
€
|
€
|
Offices of the Information Commissioner/Commissioner for Environmental Information
|
305,822.71
|
103,309.11
|
124,747.80
|
Office of the Ombudsman
|
18,633.35
|
32,514.03
|
28,655.68
|
Standards in Public Office Commission
The Standards in Public Office Commission last tendered for legal services in 2009. No legal firms furnished advice in the tender process. The contract was awarded to A&L Goodbody. That company also held the previous contract.
The legal services provided by A&L Goodbody relate to advice on matters arising relating to the functions of the Standards Commission under the Ethics in Public Office Acts 1995 and 2001, the Electoral Act 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001, including procedural matters, interpretation of the legislation, specific requests for advice received under the legislation, investigations under the Ethics in Public Office Acts 1995 and 2001, enquiries conducted under the Electoral Acts 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001.
The fees paid to A&L Goodbody for each of the three years in question are as follows:
|
2008
|
2009
|
2010
|
Standards in Public Office Commission
|
€30,118.94
|
€6,014.25
|
€75,638.60
|