Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Departmental Expenditure

Dáil Éireann Debate, Thursday - 4 November 2010

Thursday, 4 November 2010

Ceisteanna (130)

Brian Hayes

Ceist:

130 Deputy Brian Hayes asked the Minister for Finance if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and 2010; the reason for each such procurement; and if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40941/10]

Amharc ar fhreagra

Freagraí scríofa

In general, my Department uses the services of the Office of the Attorney General and the Office of the Chief State Solicitor. However it seeks outside legal advisors in circumstances requiring legal services of a specific nature. The costs associated with the Office of the Attorney General and the Office of the Chief State Solicitor are borne by their respective Votes. The following tables set out the detail sought by the Deputy in relation to the legal fees paid by my Department and by the Offices under the aegis of my Department for the years 2007, 2008, 2009 and to date in 2010.

The Office of Public Works was unable to provide the information requested by the Deputy in the time available, however, this information is being collated and will be issued directly to the Deputy.

Advisor

2007

2008

2009

2010 (to date)

Reason

Tendered (Yes/No)

McCann Fitzgerald

0

48,400

0

0

Advice relating to procurement of air/ transport agency services

Yes

McCann Fitzgerald

39,325

14,664

0

0

Advice relating to Public Sector Standard Conditions of engagement for construction consultants

Yes

Matheson Ormsby Prentice

25,549

0

0

0

Advice relating to general supplies and services contracts

Yes

Max Abrahamson

12,100

0

0

0

Advice relating to Public Sector Standard Conditions and amendments to Arbitration and Conciliation regulations

Yes

Arthur Cox

0

1,628,024

5,875,869

3,907,000

Advice relating to bank guarantee scheme

No*

A&L Goodbody

137,090

182,007

0

0

Advice relating to Standard Public Works Contracts for works contractors

Yes

A&L Goodbody

66,657

0

0

0

Advice relating to Public Private Partnership, terms and conditions

Yes

A&L Goodbody

112,050

0

0

0

Advice relating to sale of ACC bank

Yes

Paul O’Higgins S.C.

0

0

0

15,125

Advice provided to Messrs Regling and Watson as part of their preliminary investigation into the banking sector

Yes

*Normal procurement procedures were not followed because of the urgency of the issue.

Advisor

2007

2008

2009

2010 (to date)

Reason

Tendered (Yes/No)

Public Appointments Service

Matheson Ormsby Prentice

0

17,000

0

0

Advice in relation to awarding of a commercial contract

No*

Office of the Commission for Public Service Appointments

Matheson Ormsby Prentice

130,000

115,000

109,000

7,000

General advice in relation to the Commissions work

Yes

State Laboratory

Darach ConnollySolicitors

0

103,000

0

0

Advice in relation to a personal injury claim

**

Sarah Mahon Solicitors

0

0

86,000

Advice in relation to a compensation claim by an individual

**

*Normal procurement procedures were not followed because of the urgency of the issue.

**The Chief State Solicitors Office engaged the services of the solicitors involved on behalf of the State Laboratory.

A payment of €1,000 in 2010 was made to the State Claims Agency for legal opinion they received in a case involving the issuing of incorrect results by the State Laboratory. Both the Valuation Office and the Office of the Appeals Commissioners incurred no legal fees in the period in question.

Revenue

The Revenue Solicitor provides legal services for Revenue and in that capacity engages external barristers in circumstances that require specific legal advices and legal opinions on issues in Tax, Customs and general litigation, for advising proofs for Court and Administrative Tribunal cases and for providing full advocacy services in the conduct on Tax, Customs and general litigation (both civil and criminal) before the District, Circuit, High and Supreme Courts, Appeal Commissioners and other administrative tribunals. The use of a competitive tendering process for these services is not feasible.

Details of the amounts paid to various external barristers in the years 2007, 2008, 2009 and to end October 2010 are given in the following table as Counsel Fees. Revenue also engages external solicitors for various services of a legal nature. The majority of these services relate to the collection/recovery of debt due to Revenue/Exchequer. For the years in question Revenue's Office of the Collector General engaged firms of solicitors following tendering processes in line with public procurement guidelines. Details of payments made to each of these firms of solicitors are given in the following table.

Revenue

Description

2007

2008

2009

2010 (to date)

Total

Engagement of Barristers

Counsel Fees

1,315,252

1,914,880

1,660,464

837,128

5,727,724

For the supply of legal services for the collection/recovery of debt due to Revenue/ Exchequer

Holmes, O’Malley, Sexton

714,861

838,145

738,295

605,886

2,897,187

Ivor Fitzpatrick & Co

643,981

615,345

1,155,080

826,026

3,240,432

George V Maloney

684,732

471,984

598,573

399,986

2,155,275

Mason, Hayes & Curran

633,536

773,212

662,172

519,408

2,588,328

Matheson, Ormsby, Prentice

916,065

794,517

746,975

622,680

3,080,237

Pierse & Fitzgibbon

741,625

846,706

837,588

300,478

2,726,397

Patrick J Brady & Co

7,453

0

0

0

7,453

Lavelle, Coleman

0

0

0

182,369

182,369

Miscellaneous Legal

17,365

20,731

62,102

23,150

123,349

Commissioner for Oaths & Other legal services

Commissioner for Oaths

30,042

48,072

63,524

45,061

186,699

P35 Prosecutions

State Solicitor

0

5,096

841

294

6,231

Total

5,704,912

6,328,689

6,525,615

4,362,466

22,921,682

Barr
Roinn