Dáil Éireann Debate, Wednesday - 10 October 2012
126. Deputy Barry Cowen asked the Minister for Jobs; Enterprise and Innovation the expected total legal costs to be incurred in his Department in 2012; his proposals to reduce these costs; and if he will make a statement on the matter. [44069/12]
Amharc ar fhreagraI can advise the Deputy that, in so far as it is possible to give an estimate at this point of the amount that will be incurred by my Department and its offices by way of legal costs in 2012, this is likely to be in the region of €1m. This is based on current knowledge and does not include, for instance, any legal proceedings that might be instigated between now and year end 2012, any awards of costs in any cases arising, the timing of payments or any alteration in fees further to any references and examination by legal cost accountants, etc.
I should emphasize also that the estimated costs are inclusive of legal costs incurred by the offices under my Department’s aegis, principally the Companies Registration office (CRO), the Office of the Director of Corporate Enforcement (ODCE), the Employment Appeals Tribunal (EAT) and the National Employment Rights Authority (NERA), in the normal conduct of the enforcement, judicial and regulatory functions carried out by those offices.
In responding to the Deputy’s question, a very broad interpretation of the term legal costs has been assumed. The services that make up the estimated total cost cover a very wide range of legal services including the bill of costs in legal cases taken against the Minister/Department, legal settlements, the provision of legal advices across a wide range of issues in the Department/offices, the servicing of documentation e.g. signing of affidavits, the prosecution of cases including court appearances and representation.
My Department seeks, where possible, to minimise legal costs and has adopted a number of measures to achieve this. The Department/offices avails of the services of the Chief State Solicitors office and the Attorney General’s office in terms of the provision of legal advice and in terms of representation of the Department/offices in Court cases. In the case of the ODCE for instance and in line with overall Government policy, the ODCE obtained a reduction of 8% in legal fees. The services of legal cost accountants are availed of where fees demanded appear to be high. Additionally, my Department has recently completed a tendering process for prosecution and civil debt enforcement services in the case of the pursuance of employment rights cases on behalf of individuals which is expected should reduce further the Department’s legal costs in 2013 provided the number of cases to be prosecuted does not increase significantly.
