Dáil Éireann Debate, Wednesday - 15 October 2025
118. Deputy Emer Currie asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if a policy is in place on the payment of legal fees to applicants taking judicial reviews against the State or public bodies, in the case of a settlement between the applicant party and the State or the public body. [55582/25]
Amharc ar fhreagraIn the normal course, a settlement agreement is the process of confidential negotiations between the parties and it can vary as to what is agreed regarding legal costs. Accordingly, there is no one agreed process as to the payment of legal fees or costs of applicants that is applicable to every judicial review taken against myself as Minister. However, I am cognisant of the State Litigation Principles and of the legislation and legal principles that govern legal costs, including the Legal Services Regulation Act 2015, the Rules of the Superior Courts and the case law of the Superior Courts.
In that overall context, it is a matter for individual public bodies to determine their position based on the circumstances of individual cases, and as such there is no specific, central policy in this area. Finally, I would note that the Accounting Officer for the relevant Vote has responsibility for ensuring the appropriate expenditure of funds and the achievement of value for money in line with the Public Financial Procedures.
