Tusla spent more than €10m on external solicitors' fees despite having its own legal department

Tusla spent more than €10m on external solicitors' fees last year, despite having its own internal legal department.

The Child and Family Agency, Tusla, spent more than €10m on external solicitors' fees last year, despite having its own internal legal department.

Figures released to the Irish Examiner this week by Tusla, show a total of 11 legal firms were paid for their services in 2022.

The agency's legal costs have been under close scrutiny since its inception after they peaked at €36m in 2014.

In 2015, the Comptroller and Auditor General called for greater regulation of Tusla, saying it could not monitor costs because there was no complete record of the number of cases.

The agency said it uses a number of solicitors nationally who deal with childcare applications in the District and Circuit Courts and other related issues.

In a statement, a spokesperson for the agency said: “In 2021 Tusla held a public procurement competition for the provision of a range of legal services, divided into 22 lots.

“In summary, the services comprise of legal services relating to childcare, legal services relating to special care, legal services relating to adoption, corporate and commercial legal services, employment law services, and management and administration services”.

Breakdown

The breakdown of figures shows the legal firm paid most by Tusla in 2022 was Dublin firm Byrne Wallace which received €3.8m in fees.

Another firm, Mason Hayes and Curran received €1.5m while Comyn Kelleher Tobin was also paid just over €1.5m for their services to the agency.

Dermot J O’Donovan law firm was in receipt of €810k from Tusla in 2022 and Nolan Farrell and Goff were paid €776k in fees.

Tusla said the different companies they engaged for expert legal advice “are designed to cover the requirements that arise in relation to childcare legal services”.

The statement continued: “Typical activity which arises within these Lots will include but not necessarily be limited to, appearance in District, Circuit and Higher Courts to deal with complex and sensitive applications to protect minors including domestic violence and criminal matters."

The payments also cover advice on "complex and sensitive childcare cases including regulatory issues, risk management and codes of conduct”.

There was also expenditure where “there were fees towards Hague convention related matters and prosecutions on behalf of Tusla including in the area of educational welfare services, early years services and cost negotiations”.

Other firms who worked for Tusla last year include Keaveney Walsh who was paid €311,916.61 and Padhraic Harris who received €434,036.22.

Poe Kiely Lanigan solicitors received €434,036.22 and VP McMullin was in receipt of €326,296.86.

The remaining fees included a payment of €290,594.88 to Patrick J Durcan & Co Solicitors and €134,821.53 to Hegarty Armstrong solicitors.

The figures show Tusla has managed to reduce its overall legal bill significantly since its creation in 2014 when its legal fees peaked at €36million.

However, Tipperary Independent TD Mattie McGrath said the agency’s expenditure on external solicitors was still “too high”.

“They are an outfit that needs to be reined in, that is a lot of money when they have their own solicitors," he said. 

“They need to be taken in under some sort of legislation and scrutinised properly, because right now, they answer to nobody”.