Departmental Staff.

Dáil Éireann Debate, Wednesday - 14 October 2009

Wednesday, 14 October 2009

Ceisteanna (1, 2)

Eamon Gilmore

Ceist:

1 Deputy Eamon Gilmore asked the Taoiseach the number of staff, broken down by grade, currently employed in the Attorney General’s office engaged in the drafting of legislation; the number of vacancies in such grades or positions; the vacancies in the Attorney General’s office which have been advertised since the beginning of 2008; the positions which have been filled; if he is satisfied that there are sufficient staff and resources available to the Office of the Attorney General to facilitate the prompt and efficient drafting of legislation; and if he will make a statement on the matter. [30231/09]

Enda Kenny

Ceist:

2 Deputy Enda Kenny asked the Taoiseach the number of staff currently assigned to the Office of the Attorney General; and if he will make a statement on the matter. [35605/09]

Freagraí ó Béal (15 píosaí cainte)

The Taoiseach

I propose to take Questions Nos. 1 and 2 together.

I am advised by the Attorney General that currently the sanctioned complement of permanent staff in the Office of the Attorney General is 133. There are 117 staff members serving and 16 vacancies. The office also currently has 13 contract staff. The breakdown among the various parts of the office is as follows: the advisory side of the office currently has 33 permanent staff serving with one vacancy and, due to part-time working arrangements, the equivalent of one further vacancy.

The Office of the Parliamentary Counsel, OPC, currently has 23 permanent staff engaged in the drafting of legislation. There are also four vacancies at assistant parliamentary counsel grade II, which is the entry level for drafting staff. The breakdown by grade of permanent drafting posts is as follows: one chief parliamentary counsel; one first parliamentary counsel; four parliamentary counsel; seven assistant parliamentary counsel grade I; and 14 assistant parliamentary counsel grade II, including the four vacancies. In addition, there are currently five consultant parliamentary counsel engaged on a contract basis in the Office of the Parliamentary Counsel to the Government to draft legislation.

The administrative side of the office has 61 staff serving and ten vacancies. Due to the moratorium on recruitment and the need to make savings, there are no plans to fill these vacancies. Eight other contract staff are engaged by the office. Four are legal researchers, three are the Attorney General's private staff and one is engaged as a research assistant. Two legal researcher positions have been left vacant since last autumn as cost saving measures. The complement of staff in the Office of the Attorney General is kept under constant review to ensure it is sufficient to meet the demands of the Government's legislative programme.

Deputy Eamon Gilmore

I thank the Taoiseach for putting on record quite an amount of detail in respect of the staffing of the Attorney General's office. He said the total staffing complement is 133. The an bord snip nua report states the staffing complement in 2007 was 138. Will the Taoiseach explain this difference? Is it due to temporary contracts? Are there vacancies and are they likely to be filled? How many temporary contracts have been renewed? In particular, how many have been renewed since March 2008 when the ban was imposed on the renewal of such contracts? Is the Taoiseach satisfied the staffing complement in the Attorney General's office is sufficient to meet the office's requirements and, in particular, to meet the requirement to maintain the flow of legislation to the House?

The Taoiseach

I refer to the tenure and duties of contract staff. The office currently engages 13 staff on a contract basis. Three are engaged in the Attorney General's private office and their tenure is directly linked to that of the Attorney General. Two provide clerical support and one is his special assistant. Five are engaged in drafting legislation with their contracts set to expire in April 2010, two in June 2010, July 2010 and August 2010. Four are engaged as legal researchers to ensure the legal staff involved in advisory and drafting work can concentrate on the more complex aspects of cases or legislation. Their contracts are due to expire between April and August 2010. One is engaged on a part-time basis on the statute law revision project to identify obsolete legislation and bring a Bill to the House to remove it from the Statute Book and that contract expires in November 2010. The office is fully supportive of the Government strategy to reduce public sector numbers. It has ten vacancies for permanent staff and two for contract research staff, which it is not seeking to fill due to the need to make savings.

The number of drafters of legislation has increased since the last parliamentary question in February 2008. There are 23 permanent drafting staff and five consultant drafters now, with a further person expected to join the permanent drafting staff shortly, compared with 19 permanent drafting staff and four consultant drafters when Deputy Gilmore's parliamentary question was last answered in February 2008. Also, a recruitment panel is in place following a competition last year.

The Attorney General's office is considering approaching the Department of Finance to discuss the filling of some of the remaining drafting vacancies. The intention is to eliminate the use of contract drafters once sufficient permanent drafting staff are in place.

Deputy Enda Kenny

We should do something about questions to the Taoiseach. They come up every month or six weeks and the same rota is used. It might be better if we dispensed with these ordinary questions. We might have them twice a month but choose priority issues that the Taoiseach would have notice of, such as Northern Ireland or whatever. This rota is used all the time and the same questions are raised by myself and Deputy Gilmore. I believe it is a waste of time but I will ask my question anyway. The Chief Whip might take note of that element of Dáil reform.

I am glad the Taoiseach mentioned an increase in the permanent staff in the legislative preparation section of the Attorney General's office. It never ceases to amaze me why, year after year, we produce lists as to the legislation it is intended to be produced yet the Bills rarely see the light of day on time. We are waiting for the noise pollution Bill, the roads Bill, the amalgamation of quangos legislation — FETAC, HETAC and the National Qualifications Authority of Ireland, NQAI — and legislation covering the regulation and licensing of public and private hospitals. I accept it takes particular expertise to become a drafter of legislation but it would appear that we need a more defined schedule as to when the Bills can be produced. The Taoiseach might indicate something in that area.

Arising from the recent agreement between the Green Party and Fianna Fáil, I understand the animal health and welfare Bill, which will put an end to fur farming and stag hunting, will be produced eventually. Does the Taoiseach have any idea when that is expected or will it be at the end of 2010?

Deputy Shane McEntee

Never.

Deputy Enda Kenny

The Taoiseach might respond to some of those points.

The Taoiseach

The questions relate to the staffing arrangements in the Attorney General's office. I would make the point that Opposition Deputies ask about this Bill or that Bill and if it is put on a B or C list and then removed in the interest of being more accurate, we are asked why——

Deputy Enda Kenny

It might be for some suspicious reason.

The Taoiseach

——and told to put it back on.

Deputy Enda Kenny

Perhaps the Taoiseach has a long B list.

The Taoiseach

We need a thread of consistency in that regard. We must streamline the situation but sometimes the argument becomes circular.

Regarding the Bills published so far this year, there was a large number of them compared with recent full years. In 2005 there were 28; 42 in 2006; 38 in 2007; 33 in 2008; and to date in 2009 41 have been published. Some long, complex Bills including the NAMA legislation and other financially related legislation have been included in that. The throughput has been exceptional given the complexity of the legislation. We sometimes look at volumes of legislation without considering whether Bills are simple or complex in scope. The NAMA legislation has rightly taken up a huge amount of time as a priority and the Attorney General and his office have been outstanding in seeking to bring all that together, with others, including the National Treasury Management Agency.

On the other issues the Deputy raised, those are usually dealt with by licensing arrangements and can be dealt with in that way.

Deputy Enda Kenny

How many drafters are on contract? The Taoiseach said that will be phased out, which is appropriate, but how many are on contract? Are they resident here or are we using drafting contractors from abroad, as was the case previously?

The Taoiseach

I said in my earlier reply that there were four contract drafters but it is important to point out that a recruitment panel has been drawn up. It is the intention over time to replace contract staff with permanent staff. We are constantly trying to build up expertise. We also know that from time to time it is appropriate to seek some assistance in the private sector through legal firms or whatever that would assist in the drafting of legislation. It must be pointed out that no matter how well that is done it comes back to the Attorney General's office for validation and checking by the Attorney General before it can be taken as a Government Bill. It is always a question of trying to mix and match what is the most efficient and effective way of proceeding. Ideally, it is about making sure that in this very technical area the expertise built up over many years is transferred to permanent staff complements in the office to ensure that institutional memory and expertise is retained. Despite the constraints in terms of recruitment, staffing, resources, etc., that impinge on the Attorney General's office no more than anywhere else, he has been doing a very good job in that respect.

Deputy Caoimhghín Ó Caoláin

Is there redeployment or inter-transferability between the varying staffs of the Office of the Attorney General, the Advisory Council, the Parliamentary Counsel, the Chief State Solicitor's office and the statute law revision unit or are their respective specialisations a barrier to that interchangeability in terms of staff movement? Will the Taoiseach indicate if there is the prospect for a range of experiences in terms of those who take up posts within the broad ambit of the Attorney General's office?

The Taoiseach

Recruitment panels have been drawn up based on those who indicate an interest. In the broad State-legal apparatus it is possible for personnel from various related activities to do the appropriate tests to determine if they can get on those panels. I am sure there have been occasions when the people working in the Chief State Solicitor's office transferred to the Attorney General's office. Sometimes people come directly into the Attorney General's office having qualified at the Bar. Depending on the grades and the level of expertise required it may be possible to take in directly people in the legal profession or build up expertise from within the office or related offices.