Dáil Éireann Debate, Thursday - 16 June 2016
188. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if he engages in a due diligence process including a review and analysis of professional conduct, competence and background prior to appointing legal advisers to public bodies including the Standards in Public Office Commission. [16558/16]
Amharc ar fhreagraLegal Services: Prior to appointment to any OGP Legal Services Framework Agreement for Solicitors Services, successful Tenderers are required to demonstrate that they meet the minimum standards laid down in the competition. These standards vary depending on the nature and type of Framework Agreement being entered into.
Typically, solicitors are required to demonstrate their compliance to the following standards.
Financial & Economic Standing
Successful Tenderers are required to provide
(i) Evidence of Solvency: a letter from the firms principal auditors confirming the Tenderer is able to pay its debts, identified on the current statement of assets and liabilities as being the debts as they fall due
(ii) the tax certificate registration numbers, as they appear on the Tax Clearance Certificate, together with the tax clearance access number, to facilitate online verification of that Tenderers tax status by the Contracting Authority
(iii) evidence of the insurance required for entry to the Framework Agreement.
Suitability to Pursue Professional Activity
Successful Tenderers are required to demonstrate that they meet the conduct standards and provide evidence that none of the Solicitors proposed to provide the Services have been found guilty of misconduct pursuant to the Solicitors Act 1954 (as amended), or in the case of Solicitors from outside the Republic of Ireland, the equivalent legislation, rules or regulations, in the last five (5) years.
Tenderers are also required to confirm that all of the Solicitors proposed to provide the services hold current valid practising certificates to act as a Solicitor in Ireland issued by the Law Society of Ireland in accordance with the Solicitors Act 1954, as amended or the appropriate regulatory authority if outside the Republic of Ireland.
Quality Assurance
Successful Tenderers are required to provide copies of or evidence of the existence of the following policies and procedures.
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Client Management |
Policy/Procedure |
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Standard Form of Engagement |
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Anti-Money Laundering Policy & Procedure |
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Conflict of Interest Policy & Procedure |
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File Management |
Policy/Procedure |
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Undertakings Policy & Procedure |
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Undertakings Register |
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File Review Policy & Procedure |
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Claims & Regulatory Management |
Policy/Procedure |
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Compliance with Solicitors Accounts Regulations |
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Compliance with Law Society Investigating Accountants Report |
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Compliance with Regulation 5 of the Solicitors Account Regulations |
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Claims History Register |
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Notification of Claims Policy |
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Practice & Systems Management |
Policy/Procedure |
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Disaster Recovery Plan |
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Computer, Internet and Intranet Policy |
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Computerised Case Management System |
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Email Policy |
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Confidentiality Policy |
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HR Management |
Policy/Procedure |
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CPD Certification Register |
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Health & Safety Policy |
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Succession Planning Policy |
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Financial Management |
Policy/Procedure |
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Financial Accounts |
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Time Recording System |
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WIP Review & Collections Policy |
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Annual Partner Statement |
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IT & Knowledge Management |
Policy/Procedure |
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Data Protection Policy |
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IT Security Policy |
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IT Risk Assessment Register |
