I propose to take Questions Nos. 2008, 2009, 2010, 2011, 2012, 2013 and 2014 together.
The Deputy has raised several questions related to legal costs in employment related disputes which I will take together.
I can confirm to the Deputy that, other than where legal costs were awarded against the Department as employer by a court or tribunal, the Department has not funded the legal costs of an employee or former employee against the Department in the past five years.
I can confirm that it is not standard practice in the Department, or any aegis bodies of this Department to fund employee legal costs in disputes against the Department and there has been no review nor is there a planned review of the same.
Queries relating to guidance, codes, circulars or directions that govern the payment of legal costs by government departments should be directed to the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.
I can confirm that this department and aegis bodies ensure compliance with all relevant guidance produced by DPER and would seek sanction from that Department where required.
Any funding of legal costs of employees taking cases against the Department or aegis bodies would be considered on a case by case basis in accordance with relevant guidance and legal advice to ensure good governance, accountability and value for money.
The officials have consulted with Tusla, Oberstown, the Adoption Authority, IHREC, ODAIT and the National Disability Authority in relation to whether these aegis bodies funded the legal costs of any litigation taken by an employee or former employee in the past five years, and the costs of same, other than where legal costs were awarded against the employer by a court or tribunal.
Tusla advised that any current or resolved employment related disputes are subject to individual confidentiality agreements, and as such Tusla are not at liberty to disclose the details of any such settlement agreement that may have had an element of legal cost or part legal costs.
IHREC advised that if any employment related dispute arises, such disputes are treated in strict confidence; any legal settlement that may arise relating to such a dispute would be subject to a confidentiality agreement, so that neither party can disclose details of settlements that may have had some legal or part legal costs involved in the final legal settlement.
Oberstown, the Adoption Authority, and the National Disability Authority advised that they have not had any such instances in the past five years.
I would like to highlight that the Office of the Ombudsman for Children will reply to the Deputy directly.