Barristers’ fees from Chief State Solicitor’s Office up nearly 40 per cent

According to a new report from the Comptroller and Auditor General, payment of fees to counsel increased from just under €10 million in 2014 to just under €20 million in 2019.

The CSSO provides litigation, advisory and conveyancing services to government departments and offices and to certain other State agencies, while also providing solicitor services at tribunals of inquiry and commissions of investigation and representing Ireland at the Court of Justice of the European Union.

At the end of 2019, around a third of the €9.1 million in outstanding fees was overdue for payment due to long-standing issues in paying fees on time.

The auditor’s report warns that the “demand-led nature of the service provided by this Office, coupled with the unpredictable nature of the volume and timing of the work” means that it is “not possible to guarantee that the Office will have sufficient funds, in any given year, to fully discharge all fees due for payment on time”.

The Department of Public Expenditure and Reform has allowed an increase of €1.5 million in the estimate for the fees to counsel sub-head for 2020, bringing the total provision for this year to €15 million.

The report states: “The CSSO will make every effort to remain within this allocation. However, the demand-led nature of the service provided by the Office, and the unpredictable nature of the volume and timing of its work, remains a constant feature impacting this objective.”