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Departmental Counsel

Dáil Éireann Debate, Tuesday - 1 May 2012

Tuesday, 1 May 2012

Ceisteanna (93)

Jonathan O'Brien

Ceist:

153 Deputy Jonathan O’Brien asked the Taoiseach in view of payments to a counsel retained by the State, the steps he has taken to widen the panels of counsel used by State Departments and agencies; the extent to which these steps were communicated to members of the Bar and solicitors; and if he will make a statement on the matter. [21356/12]

Amharc ar fhreagra
The Taoiseach: My reply relates to the Office of the Attorney General and the Chief State Solicitor’s Office — which provide legal services to Government Departments and Offices and engage counsel where appropriate, though they do not as a rule provide services to the agencies — and the Office of the Director of Public Prosecutions. The Office of the Attorney General and the Chief State Solicitor’s Office have put arrangements in place to increase the number of junior and senior counsel briefed by the State pursuant to Section 7 of the Prosecution of Offences Act, 1974. These arrangements are designed to ensure a more equitable distribution of State work to Counsel and to avoid situations where a small number of Counsel earn very large sums from the State. The arrangements are being monitored on a monthly basis by the Attorney General and the Chief State Solicitor.
The Offices operate a system of panels based on legal specialism. It is open to any Counsel who wishes to do so to apply to be placed on each panel appropriate to their expertise and it is from such panels that nominations of counsel are then made. A policy document on the briefing of Counsel and an application form for nomination of Counsel by the Attorney General are available on the Office of the Attorney General website.
With regard to the Director of Public Prosecutions, she is satisfied that access to positions on the panels of Counsel which she operates is sufficiently wide. The DPP panels are open to all eligible barristers. Appointment to them is made in a manner consistent with the Director's obligations under Section 7 of the Prosecution of Offences Act 1974. Separate panels are maintained for prosecution work i.e. Junior and Senior Counsel in the Circuit and Central Criminal Court; Judicial Review, Bail Applications, Habeas Corpus Applications, Health and Safety Prosecutions and applications relating to criminal assets.
A procedure is in place whereby the Director seeks expressions of interest from eligible barristers wishing to be considered for inclusion on these panels. This is communicated to barristers via the Bar Council and on the DPP's Office website. Where vacancies arise, appointments to the various panels will be made following consideration of expressions of interest by barristers and a selection procedure including an interview of shortlisted candidates. Applications are currently being considered under this process and it is intended that expressions of interest would be sought each year. This will be kept under review.
The DPP panels relate to work arising within the Dublin area only. Outside of Dublin, the practice of the Office of the Director of Public Prosecutions has been to appoint a County Prosecutor (sometimes more than one) who undertakes all of the prosecution work for that County/area. County prosecutor positions are filled as vacancies arise around the country. A competitive procedure has been in place for a number of years including provision for interviews of shortlisted candidates. Upon a vacancy arising the position is advertised via the Bar Council and the DPP's Office website.
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