Dáil Éireann Debate, Tuesday - 18 September 2018
89. Deputy Clare Daly asked the Taoiseach the person or body that appoints a solicitor to the position of State solicitor in Cork, Dublin or elsewhere; the person or body to which State solicitors are responsible; and if they report to him. [37337/18]
Amharc ar fhreagra90. Deputy Clare Daly asked the Taoiseach if the position of State solicitor is a full-time position; if he or she swears an oath on his or her appointment; and if he or she can act as a contractor or subcontractor in any capacity to a foreign state while he or she engaged as a State solicitor here. [37338/18]
Amharc ar fhreagraI propose to take Questions Nos. 89 and 90 together.
Section 29 of the Civil Service Regulation (Amendment) Act, 2005 vests in the Director of Public Prosecutions the power to appoint State Solicitors. Prior to this, the power of appointment of State Solicitors had been vested in the Attorney General by Section 6 of the Ministers and Secretaries Act, 1924. State Solicitors are appointed by the Director of Public Prosecutions under contracts for service and report to the Director and her senior staff.
There are 32 State Solicitors areas. Generally one State Solicitor is appointed to every county outside of Dublin. Exceptions to this rule apply in Counties Cork, Galway, Kildare, Limerick and Tipperary. In County Cork four State Solicitors have been appointed; one each for Cork City, Cork North East, Cork South East and Cork West. In County Limerick two State Solicitors have been appointed; one for Limerick City and one for Limerick County. Counties Galway, Kildare and Tipperary have all been divided into two State Solicitor areas.
In Dublin the Solicitors Division of the Office of the Director of Public Prosecutions, headed by the Chief Prosecution Solicitor, provides a solicitor service to the Director. The Division is staffed by solicitors directly employed by the Office and is responsible for the preparation and presentation of cases in the Dublin District and Circuit Courts, the Central Criminal Court and Special Criminal Court, the Court of Appeal and the High and Supreme Courts. Outside the Dublin area the 32 local state solicitors provide a solicitor service in the Circuit Court and in some District Court matters in their respective local areas.
When vacancies arise for State Solicitor positions they are advertised and following an open competition a contract is awarded for typically a 10 year period. The contract awarded is a contract for service. No oath is sworn on appointment; rather the obligations and duties of the State Solicitor are set out in their contract. As the contract is not a contract of service (employment contract) the issue of full time or part time does not arise. The contract places an obligation on the State Solicitor to discharge all of the criminal prosecution work in their area. In larger areas such as Cork City and Limerick City, because of the volume of work the State Solicitor will engage additional solicitor support to assist them in the discharge of their contractual obligations. The contract allows the State Solicitor to engage in private practice subject to a range of restrictions.
There is no specific contractual prohibition on a State Solicitor acting as a contractor or subcontractor for a foreign State provided that the terms of any such contract or subcontract would not conflict with the terms of their contract as State Solicitor.
