S.I. No. 33/2018 - Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th February, 2018.

I, PASCHAL DONOHOE, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 10 of the Financial Emergency Measures in the Public Interest Act 2009 (No. 5 of 2009) and the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No.418 of 2011 ), having carried out a review under subsection (13) of section 9 of that Act, in respect of regulations (namely the Financial Emergency Measures in the Public Interest (Reduction in Payments to State Solicitors) Regulations 2009 ( S.I. No. 159 of 2009 ) and the Financial Emergency Measures in the Public Interest (Reduction in Payments to State Solicitors) (Adjustment) Regulations 2013 ( S.I. No. 231 of 2013 )) made under the said section 10, and considering it appropriate to adjust (pursuant to subsection (14) of the said section 9) the rates so provided, hereby make the following regulations:

1. These Regulations may be cited as the Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018.

2. These Regulations shall apply to payments made to a State Solicitor in respect of services rendered to or on behalf of the State under an agreement entered into with the Director of Public Prosecutions.

3. The payments made to a State Solicitor in respect of the services referred to in Regulation 2 shall, in respect of services rendered on and from—

(a) 1 January 2018, be varied in accordance with the rates specified in Part 1 of the Table to this Regulation, and

(b) 1 October 2018, be varied in accordance with the rates specified in Part 2 of the Table to this Regulation.

TABLE

Part 1

An increase of 1 per cent in the amount of remuneration payable to a State Solicitor pursuant to an agreement for legal services entered into by him or her with the Director of Public Prosecutions—

(a) set out under the heading “Personal Element” in a Schedule to that agreement, as varied in accordance with Regulation 3(b) of the Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2017 ( S.I. No. 128 of 2017 ), and

(b) set out under the heading “Staff Cost Element” in a Schedule to that agreement, as varied in accordance with Regulation 3 of the Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2016 ( S.I. No. 23 of 2016 ).

Part 2

An increase of 1 per cent in the amount of remuneration payable to a State Solicitor pursuant to an agreement for legal services entered into by him or her with the Director of Public Prosecutions, set out under each of the headings “Personal Element” and “Staff Cost Element” in a Schedule to that agreement, as varied in accordance with Regulation 3(a) of these Regulations.

GIVEN under my Official Seal,

5 February 2018.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.