Legal cases cost Government almost €180m

Almost €180 million was paid out by 11 Government Departments in legal settlements and legal fees between 2001 and 2003

Almost €180 million was paid out by 11 Government Departments in legal settlements and legal fees between 2001 and 2003. The sum includes payments of almost €100 million paid out to date by the Department of Defence for hearing loss claims.

Also included is an estimated €36 million paid by the Department of Finance on behalf of all Departments following an equality pay claim taken by members of the Civil, Public and Services Union last year.

The claim arose from the fact that until the late 1990s paper-keepers, most of whom were men, were paid about £50 a week more than clerical assistants, most of whom were women, for doing similar work. The two grades were amalgamated into the clerical officer grade in October 1997. Those on the lower level were paid backdated settlements last year to bring their rate of pay into line with that of their colleagues.

Apart from the hearing loss and CPSU claims, the Departments did not specify the nature of the legal actions for which claims were paid.

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Excluding the hearing loss claims, the Department of Defence paid out the most in settlements and fees, some €15 million and €4 million, respectively.

The Department of Health was next highest, paying out €6.4 million in settlements and legal fees, followed by the Department of Agriculture, which paid €4.7 million in settlements and €2.4 million in legal fees.

The information was released to Mr Seán Crowe TD (Sinn Féin) in a series of parliamentary questions. The departmental figures included settlements and fees for cases which were settled out of court as well as those which went to a legal hearing.

Figures for legal fees relating to the tribunals of inquiry were not sought.

Figures were not supplied by the Department of Education and the Department of Justice, both of which said that they did not have sufficient time to respond in detail.

Information was sought from all Departments except the Department of the Taoiseach and the Department of Community, Rural and Gaeltacht Affairs.

The Department of Enterprise, Trade and Employment was unable to provide an overall figure for settlements.

However, it spent almost €900,000 on legal fees during the three-year period.

Included in the figures for the Department of the Environment was almost €1.4 million in legal fees arising from the State's legal action on the Sellafield plant. Some €307,000 was paid in fees in 2002 and more than €1 million was paid out last year.

The figures do not include the cost of legal services offered to the Departments from the offices of the Chief State Solicitor and the Attorney General.

When legal action is taken against a Department or Government agency it is normal practice for the Chief State Solicitor to act as the defendant's solicitor in the proceedings. The Chief State Solicitor also decides on the legal representation to be made available to the defence and on the level of legal fees payable.

Conor Lally

Conor Lally

Conor Lally is Security and Crime Editor of The Irish Times