Four local State solicitors are being sued by the State, which is alleging they kept costs totalling £180,000 awarded in fisheries prosecutions and did not pay the money to the Department of the Marine.
The Dail Committee on Public Accounts was told the problem arose with the fishery prosecution costs because the Circuit Court awarded them to the State solicitors personally.
The solicitors are claiming entitlement under their respective Conditions of Appointment.
The Comptroller and Auditor General, Mr John Purcell, told the committee local State solicitors appointed by the Attorney General were responsible for Government business in all areas except Dublin.
In general, the AG was not involved in criminal matters with the exception of prosecutions under the Fisheries (Amendment) Act 1978.
In 1992, it was arranged that applications would be made for costs in the Circuit Court.
"Costs awarded, together with fines and forfeitures, are payable to the Vote for Marine and Natural Resources. However, the costs awarded by the Circuit Court, which amounted to £180,000 by mid-1997, have been retained by the local State solicitors," he claimed.
Mr Purcell said these cases referred to the prosecution of fishing boats, usually non-national, which had been arrested on the high seas.
The charges were prosecuted in the AG's name. A bond was lodged in court to cover the value of catch, gear and maximum amount of fines. There was usually great urgency to get the boat back to sea and State solicitors obtained directions straight from the AG's Office.
"Information suggesting that these costs were not being paid to the Department of the Marine and Natural Resources came to the notice of the Office of the AG in July 1997 and the Chief State Solicitor was requested to take action," Mr Purcell said.
At that time, it was believed that two State solicitors were retaining these costs but on further examination it was established that only one of these two had done so. Following correspondence with a County Registrar it transpired that five State solicitors were involved.
Each was written to and each claimed entitlement under their respective Conditions of Appointment. The Chief State Solicitor obtained senior counsel's advice which disputed the claims.
"Proceedings were then drafted and issued in two cases. An outstanding sum of £2,000 was recovered by a set-off from one of the State solicitors. Further negotiations with the State solicitors (and their Association) ensued but without success. Accordingly, proceedings have now been served on the four State solicitors. If the proceedings are successful the amounts due should be recovered," he said.