THE CHIEF State Solicitor's Office "is a seriously underresourced organisation and is not in a position to effectively and efficiently meet the demands placed on it", according to a confidential consultants report.
This under resourcing and other deficiencies create a risk that services provided by the Chief State Solicitor's Office may shortly break down and cases may be mishandled, causing "severe embarrassment to the State". Major changes need to be implemented quickly, the report says.
The report, by consultants Deloitte & Touche, is sharply critical of management structures and procedures at the office, and suggests that staff morale is low.
The report, a copy of which has been seen by The Irish Times, was commissioned by the Chief State Solicitor, Mr Michael Buckley with the approval of the Department of Finance. The study began last May and the report was completed by November.
If the CSSO continues to be under resourced there are serious risks, some of which are becoming increasingly likely, it says. The risks are that "judgments will be granted against the State for failure to file defences ... cases wilt be dismissed that should not have been, cases that should have been won will be lost, bad advice will be given, Government Departments will suffer delays . . . claims will be settled and legal costs incurred at an unnecessarily high level.
"Without intending to overstate these points, it should be noted that in these situations the State could incur significant financial costs and in some instances risk embarrassment to the Government, in particular in the mishandling of politically sensitive cases.
The report praises "the expertise and commitment of management and staff working in very difficult circumstances." But it says the CSSO's ability to meet fundamental obligations, such as to present accurate and complete books of evidence before the courts in a timely manner", is put at risk by the under resourcing, coupled with increased demands on the office.
A failure to present a book off evidence could result in charges being struck out, an accused party being released "and consequential negative publicity being gained".
The Chief State Solicitor's Office is part of the Attorney General's Government Department. It acts as solicitor to the Attorney General and carries out all civil legal work for the State emanating from Government Departments. The work includes the provision of advice, conveyancing and civil litigation.
The Chief State Solicitor also acts as solicitor for the DPP and for the Garda in preparing and presenting cases in the Dublin courts.
The report argues for the provision of additional personnel. All vacant positions should be filled, while 14 new legal services staff including 10 assistant solicitors - and seven finance and administrative staff should be appointed. This would bring the staff complement up to 186.
Among the deficiencies in the Office listed in the report are:
. It does not have enough legal services personnel or support staff to provide an adequate service;
. Under staffing in the typing area has contributed to regular delays in excess of 10 days;
. Management roles and responsibilities are largely undefined. The organisation structure, management skills and accountability need to be improved;
. The office has found it hard to hold on to experienced staff be cause of "weaknesses in the existing professional grading structure". Since November 1995, five solicitors have left the CSSO.
The report also lists the strengths of the office, including its deep knowledge of the workings and processes of Government Departments and the skill, expertise and commitment of the staff.
Mr Buckley was out of the Stated on business at the weekend and unavailable for comment.