Given the breadth and scale of its operations the Department is heavily reliant on expert legal advice and services including with respect to the drafting and interpretation of legislation (including statutory instruments), the preparation and management of contracts, the management and resolution of disputes, the management of litigation, the Department’s compliance with legal obligations as a provider of public services (including with respect to data protection, freedom of information, health and safety, procurement, and equality), employment matters, the prosecution of offences as defined under its governing legislation, and the operation of the Social Welfare Appeals function.  

The Department’s Legal Affairs Division manages all aspects of the Department’s legal affairs working in close collaboration both with the Chief State Solicitors Office, the Office of the Attorney General, external counsel, and with other line divisions and business units of the Department. The Division currently comprises a Chief legal Advisor with two legal advisors (all on secondment from the Office of the Attorney General) together with a full-time senior solicitor.

Given the growth in the Department’s business and the attendant increase, in particular, in litigation and appeals work, the Department now wishes to recruit a suitably qualified person to join the Division as a legal advisor, at Assistant Principal level.

The Role of the Legal Advisor

The person appointed to the role will be expected to work on any matters assigned to them by the Chief Legal Advisor or the Department’s Secretary General.

In the first instance it is intended that the appointee will be assigned to work full-time in support of the Chief Appeals Officer dealing in particular with the increasing volume of judicial review challenges made with respect to decisions made by Social Welfare Appeals Officers pursuant to the Social Welfare Consolidation Act 2005 (as amended) and regulations thereunder. The successful candidate will be required to advise and support the Chief Appeals Officer in assessing and completing reviews of appeals received under section 318 of the Social Welfare Consolidation Act 2005 (as amended). The role will involve both the management of judicial review and other litigation against the Social Welfare Appeals Office and also the provision of internal legal advice on the legal issues arising in the course of such litigation and otherwise.

Essential Requirements

Candidates must, on or before the closing date hold a certificate as a practising solicitor from the Law Society of Ireland,  or  be admitted to and hold membership of the Bar of Ireland or, if not a member of the Law Society or the Bar of Ireland:

1. Hold a Level 7, or equivalent, third level qualification with law as a major subject; and
2. Have completed and passed the final examination (FE-1) of the Law Society of Ireland or, if holding a Barrister-at-law degree from the Bar of Ireland/Honourable Society of Kings Inns, have completed and passed the Essentials of Legal Practice Course of the Law Society.

and, ideally,

1. Have successfully completed the 2-year training period with a practicing solicitor as required by the Law Society of Ireland as a condition precedent to undertaking Professional Practice Course of that society.
2. Have successfully completed the Professional Practice Course of the Law Society and the required in-office period of practice.

Ideally candidates should be capable of demonstrating that they have experience in managing sensitive and complex litigation, including judicial review, and/or drafting legislation and/or dispute resolution.

In addition, candidates must be able to demonstrate that they possess the key competencies required to be considered for appointment as an Assistant Principal in the civil service, as set out in Appendix A of the candidate information booklet.