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Departmental Legal Costs

Dáil Éireann Debate, Tuesday - 7 October 2014

Tuesday, 7 October 2014

Ceisteanna (212)

Seán Fleming

Ceist:

212. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his plans to oblige State bodies to seek advice in the first instance from the Office of the Chief State Solicitor and not from the private sector to reduce costs; the progress in reducing the advice bill incurred by Departments; and if he will make a statement on the matter. [38295/14]

Amharc ar fhreagra

Freagraí scríofa

Circular 05/13, the Procurement of Legal Services and Managing Legal Costs, reminds public bodies of their obligations to ensure that their procurement of legal services complies with the rules and guidelines on public procurement. The Circular also outlines appropriate competitive procedures that can be used in the engagement of legal services and sets out a number of approaches and tools for public bodies to use in managing legal costs one of which is that where in-house services are available, such as those provided by the Chief State Solicitor's Office and the Attorney General's Office in the Central Government sector, they should be used.

In terms of reducing costs associated with legal services, the Office of Government Procurement (OGP) has been established to centralise the procurement of common goods and services across the public sector. This move is in line with best practice in the public and private sector and is part of the continuing reform programme being driven by the Department of Public Expenditure and Reform. The reform of the public service procurement functions will deliver sustainable savings for the taxpayer and make a significant contribution to the deficit reduction programme.

The OGP will take responsibility for the procurement of professional services within which the category of legal services falls. The OGP structures and capability are being developed at this stage and currently a number of sourcing strategies are being devised. A key category in which a sourcing strategy is being developed is legal services and, more particularly, those services which public sector bodies procure from solicitors.

The OGP has developed a high level operating model from which Government departments and agencies which require external advices from solicitors may draw down service. This model is sectorial specific and is underpinned by the following: improved operational efficiencies and reduced costs; control and management of the expenditure on legal services in such a manner that delivers best economic value; discipline, continuity and consistency to the provision of legal services; establishment of a supply base with broad service coverage and improved service quality; a contracting approach which impacts positively on the Irish economy and society.

Further validation will be required by the OGP before this model is tendered to the market, but in any event it is envisaged that this arrangement will be well advanced by Q2 2015.

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