The information requested by the Deputy is set out as follows.
Department of Finance:
A panel of three legal advisors novated from the NTMA to the Department of Finance with effect from 1 January 2012 and was in place until March 2014. This panel included only one of the solicitors firms referred to in the question. The procurement for legal advisors was carried out by the Banking Unit in the National Treasury Management Agency (NTMA) and concluded in March 2011. The Banking Unit in the NTMA was seconded into the Department of Finance in August 2011.
In April 2014 a new panel of 7 legal advisors was put in place following a public procurement by the Department of Finance. Both firms referred to in the question are on the current panel. The current panel is in place for three years (with an option to extend for 1 year) and is subject to annual review.
The Shareholding Management Unit (which includes dealing with the State's shareholding in banks within its remit) transferred from the NTMA to the Department of Finance in mid Aug 2011.
|
Year
|
Arthur Cox (€)
|
McCann FitzGerald
|
|
2011
|
1,373,060
|
Nil
|
|
2012
|
2,879,426.75
|
Not on legal panel in place.
|
|
2013
|
1,728,406.91
|
Not on legal panel in place.
|
|
2014
|
824,247.38
|
On legal panel since April 2014 but have not been engaged
|
Comptroller and Auditor General (C & AG):
The Comptroller and Auditor General (C & AG) did not use either of these solicitors firms for the period in question.
Irish Financial Services Tribunal (IFSAT):
The Irish Financial Services Tribunal (IFSAT) did not use either of these solicitors firms for the period in question.
Credit Union Restructuring Board (REBO):
The Credit Union Restructuring Board (REBO) did not use Arthur Cox for the period in question.
There was one assignment during the period 2011 - 2014 with McCann Fitzgerald. The value of this assignment was €3,327.50 (March 2014). There was no contractual commitment with either company.
National Treasury Management Agency (NTMA):
Information in relation to the NTMA is not to hand. I will forward it to the Deputy as soon as possible.
Revenue Commissioners:
I am advised by Revenue that fees as set out as follows were paid to Arthur Cox and McCann FitzGerald.
|
Arthur Cox
|
Insolvency/Legal (€)
|
Employment Law (€)
|
Total (€)
|
|
2011
|
2,922.15
|
14,616.02
|
17,538.17
|
|
2012
|
43,767.04
|
|
43,767.04
|
|
2013
|
37,103.66
|
13,478.99
|
50,582.65
|
|
2014
|
74,038.23
|
5,160.71
|
79,198.94
|
|
Total
|
157,831.08
|
33,255.72
|
191,086.80
|
|
McCann FitzGerald
|
Insolvency/Legal (€)
|
|
2011
|
28,414.52
|
|
2012
|
51,082.44
|
|
2013
|
|
|
2014
|
18,712.83
|
|
Total
|
98,209.79
|
I am advised by Revenue that it does not have a contractual relationship with either firm in respect of insolvency work; the contracts for insolvency work carried out on Revenue's behalf are with insolvency practitioners. It is the insolvency practitioners who instruct the legal firms, with Revenue underwriting the legal fees on behalf of those practitioners.
I am advised by Revenue that in relation to employment law it contracts advice, as required, on particularly complex cases.
National Asset Management Agency (NAMA):
The National Asset Management Agency (NAMA) ran a tender process in 2013 to establish a panel of solicitor firms to provide legal services across various legal disciplines as and when they are needed. NAMA, in selecting a firm to act on its behalf for a particular piece of work, runs a mini-tender process between suitable panel members in order to determine which firm offers best value for money. The panel (of which Arthur Cox and McCann FitzGerald are members) will remain in place until October 2019.
The following are the details regarding total payments made to Arthur Cox and McCann FitzGerald solicitors.
|
€
|
2011
|
2012
|
2013
|
2014
|
Total
|
|
Arthur Cox
|
1,161,824.36
|
1,408,388.30
|
1,117,634.79
|
1,630,520.03
|
5,318,367.48
|
|
McCann FitzGerald
|
1,030,954.98
|
1,870,000.23
|
2,194,576.95
|
2,825,207.31
|
7,920,739.47
|
|
£(stg)
|
2011
|
2012
|
2013
|
2014
|
Total
|
|
Arthur Cox (Northern Ireland)
|
185,355.82
|
163,637.66
|
167,467.01
|
392,722.26
|
909,182.75
|
Central Bank:
|
Vendor
|
Value of payments made (€)
|
|
|
|
|
|
2011
|
2012
|
2013
|
2014
|
|
McCann FitzGerald
|
1 - 1.5m
|
0.5 - 1m
|
1.5 - 2m
|
0.5 - 1m
|
|
Arthur Cox
|
0.5 - 1m
|
0 - 500k
|
0 - 500k
|
2.5 - 3m
|
For client confidentiality reasons the Central Bank does not disclose exact sums paid.
The Bank established a Framework Agreement for the Provision of Legal Services, compliant with the applicable procurement legislation, which will run until 30 September 2017. All routine legal services required by the Bank will be procured from this Framework Agreement. Arthur Cox Solicitors and McCann Fitzgerald Solicitors were among the firms appointed and are both on a number of panels with multiple suppliers on each. Framework Participants may be awarded call-off contracts on an as needs basis under the terms of these Framework Agreements, which require mini-competitions. Accordingly being a member of a Framework Agreement does not entitle either firm to be awarded business.
