Department of Education spent almost €20m on legal costs and fees over three years

Education minister Helen McEntee said information around legal fees associated with litigation, advice and settlements was not always clear or readily available due to the nature of legal proceedings. 

The Department of Education spent almost €20m on legal costs and fees over three years, new figures show.

Between 2022 and 2024, the department spent €19.02m on defending claims taken against it, payments in respect of damages, amounts paid out in fees, as well as the ancillary costs related to legal action, such as medical reports or the swearing of affidavits. During the same timeframe, it also spent €808,884 on external legal services.

These services were required in certain circumstances to address “pressing” matters where existing services were unable or inappropriate to operate, according to education minister Helen McEntee.

This includes "sanctioned expenditure on legal expertise to support department business at times of extremely high need", she added, such as advising on conciliations and arbitrations relating to major projects. 

The Department of Education has faced a number of prominent legal challenges in recent years. In 2022, it sued Western Building System in the High Court in 34 separate actions relating to 40 different schools built between 2003 and 2018. 

It has also faced a number of actions over the failure to provide appropriate school places for children with special educational needs. Earlier this summer, the High Court heard how parents of children with special needs who had no offer of a school place for September were considering whether to give up their jobs to take care of their children. 

A further 16 people have also initiated legal proceedings following their unsuccessful application to a revised ex gratia scheme for victims of sexual abuse in schools.

In response to a parliamentary question by Fine Gael TD Grace Boland, Ms McEntee said information around legal fees associated with litigation, advice and settlements was not always clear or readily available due to the nature of legal proceedings. 

The Department of Education may also often be one of multiple named parties in a case, she said. "In this context, there may be findings made against the defending parties, but this may not refer to matters directly under the remit of my department." 

Ms McEntee added: "My department seeks, where possible, to minimise legal fees and avails of the services of the Chief State Solicitor's Office [CSSO], the Attorney General's Office and the State Claims Agency in terms of the provision of legal advice and representation of the department in court cases. 

"My department also currently hosts three legal advisers seconded from the AGO, and one legal adviser seconded from the CSSO."

The minister also confirmed the Department of Education had not conducted an overarching audit of external legal fees over the last five years, and it has no record of any legal engagements exceeding their initial estimated or approved cost in the past three years.

Meanwhile, the Department of Defence spent almost €6m on external legal fees and advice between 2022 and 2025. This does not include costs relating to courts-marital cases, for which it funds the provision of legal aid.