Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

One current example is the replacement hip joint used for hundreds or probably thousands of people in the country which was found to be defective. It was used all over the world, yet in Ireland each person is fighting individually. To me that would be a very typical multiparty class action and there would not be an issue because it is very clear there is a problem. The reason Professor Whyte gives is valid but only to a certain extent. When we get past that the multiparty or class action could bring huge benefit, not just from the point of view of the people taking it but from that of the State because the State is being put to huge cost defending each case. Apart from legal costs there is the cost to society and the injustice to the individuals.

One of the big barriers for people is the cost of taking legal action. They fear that if they lose the case they will lose a lot of money. It can be a minor problem but they can feel very aggrieved. Sometimes we, as elected representatives, meet individuals whose lives are dominated by some wrong that they felt happened to them and they could get no justice anywhere. Sometimes they are on to us three and four times a week. Their mental health is affected. When we bore into it we might find that it started out as a minor issue but they found there was nowhere to go with it. Is there scope to develop something like the small claims court? I think at the moment the limit is €2,000 and it has to be for the purchase of an item. It is quite restricted. Is there a possibility of opening that up for people to have access to justice that would not impose the big cost on them of having to employ a solicitor and get into a legal tangle?