I propose to take Questions Nos. 1590 to 1595, inclusive, together.
The Deputy has raised several Questions related to legal costs in employment related disputes which I will take together.
My Department follows all centrally issued guidance in relation to legal cases and legal costs. In such cases the Department seeks to minimise legal costs and, in general, it avails of the services of the Chief State Solicitor's Office, the Attorney General's Office and the State Claims Agency. The main relevant central guidance is Circular 05/2013: assets.gov.ie/static/documents/052013-ddfb70ec-e99a-4217-8a0f-45f11e570056.pdf
Procurement of Legal Services and Managing Legal Costs, along with the Public Spending Code and the Code of Practice for the Governance of State Bodies.
I can confirm to the Deputy that, other than where legal costs were awarded against my Department as employer by a court or tribunal, my Department has not funded the legal costs of an employee or former employee against the Department. This is not standard practice in my Department and there has been no review or planned review of the same. The position is the same with respect to the Pensions Authority and the Citizens Information Board.
In some limited circumstances, it is possible for a Department or agency to agree to pay a contribution towards an employee’s legal costs as part of a settlement or severance agreement. This is done on a case-by-case basis and in line with Circular 07/2017: Use of Mediation as an Alternative Dispute Resolution mechanism in the resolution of workplace, contract and other disputes - circulars.gov.ie/pdf/circular/per/2017/17.pdf - or Circular 09/2018: Consolidation of arrangements for the offer of severance terms in the civil and public service - assets.gov.ie/static/documents/092018-6ad398e3-a2f7-4501-9c19-8e83c7469fae.pdf
I can also confirm that my Department ensures compliance with all relevant guidance issued by Department of Public Expenditure Infrastructure Public Service Reform and Digitalisation and would seek sanction from that Department where required.
I am confident that the current systems in place are achieving their objectives of minimising overall costs within my Department. The system of sanctioning such payments also ensure effective governance and oversight of these settlements.
