I propose to take Questions Nos. 1012 to 1018, inclusive, together.
My Department generally seeks advice on employee related disputes internally from our Legal Unit in the first instance who provide legislative and internal legal advice. My Department also engages with the Attorney General’s Office and the Chief State Solicitors Office for strategic legal advice on constitutional and legislative matters, and they provide legal representation in litigation.
Where there is a minor issue related to areas such as individual HR advice or other specific advices, my Department may occasionally utilise external legal advice who can provide case specific advice for relatively low cost. My Department is always mindful of external legal costs and tracks them on the financial system, as with other expenditure.
Litigation is dealt with on behalf of the Department by the Attorney General’s Office, the Chief State Solicitor’s Office or the State Claims Agency who engage lawyers to act for my Department and its offices where necessary. The costs of any external solicitors or counsel in such litigation are not managed by my Department. Details of legal costs paid by the CSSO for cases where the CSSO is representing the Department are reported on in the appropriation account of the CSSO.
Where a unit of my Department does engage external legal services, contract management, including payment of invoices is the responsibility of the budget holder which is headed at Principal Officer level. My Department operates within the public procurement guidelines to ensure consistency throughout the public procurement process.
The Department maintains an environment of good corporate governance, ensuring an effective system of internal financial control as set out in its Corporate Governance Framework. Financial responsibilities are managed through a system of delegation and accountability. Reporting arrangements have been established at all levels where responsibility for financial management has been assigned. In addition, my Departments accounts, including expenditure, are audited on an annual basis by the Office of the Comptroller and Auditor General and any significant changes to legal costs would be identified as part of internal monthly reporting and the annual Estimates process.
The Department does not fund the legal costs of an employee or former employee in litigation where that employee is in dispute with, or taking proceedings against, the Department.
While legal costs may be awarded against the Department should an employee, or former employee be successful in a claim against the Department, legal costs in litigation are governed by the Legal Services Regulation Act 2015, the Rules of the Superior Courts and case law. The Department also takes account of the State Litigation Principles and seeks to minimise costs where possible.
Where there is an anticipated cost associated with litigation being taken by an employee including the award of costs my Department would need to seek approval from the Minister for Public Expenditure and Reform for such expenditure.
In respect of the agencies that come within my remit, they are statutorily independent in their functions and this is an operational matter for them. I have, therefore, referred the Deputy's question to the agencies for direct reply.