Oireachtas Joint and Select Committees

Wednesday, 18 December 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Access to Justice and Legal Costs: Discussion (Resumed)

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I will be referencing that in a moment.

Deputy Doherty's final engagement aside, it is fair to say that there has been a certain dominance of attention to Insurance Ireland. The Central Bank report is most likely the reason for it. As I have emphasised repeatedly, the committee's business is the address of access to justice and legal costs. It is important to point out the that views of members' expressed during the course of today's hearing are the views of members. They do not have the imprimatur of the Joint Committee on Justice and Equality. The committee will deliberate on all of the evidence presented to it over a number of hearings, and others received in written submissions and, ultimately, publish a report with recommendations. This is always a compromise. The committee is comprised of 11 members coming from disparate positions, as evidenced today, so for the report to have the imprimatur of the committee there will be a degree of give and take.

As in the case of committee members the expressed views of the Chairman are the views of the occupant of the Chair of the Joint Committee on Justice and Equality. I take a very different view in regard to the line of questioning posed to Dr. Doherty regarding "no win, no fee" and "no foal, no fee". I want to make it abundantly clear that the theme of these hearings is access to justice. Anything that would in any way inhibit or prevent any citizen having access to justice would run utterly and absolutely contrary to everything that I would believe in. In regard to the particular question posed to Dr. Doherty, in my view, he was correct in not responding to it. We must ensure that access to justice is not the preserve of those who can afford it or those who can afford to take the risk. Every citizen has the right to access justice. I believe strongly in that view.

In regard to the data requests, of which there were a number and Dr. Jackson indicated it will be possible to provide, I do not expect him to provide PIAB data but if he can we would welcome it. With no disrespect to any of the witnesses, there is a dearth of data as evidenced in questioning by colleagues from across the political spectrum. This is regrettable because data inform.

They help to formulate ideas and, it is hoped, effective and efficient change in the workings of the system. Where requests have been made, including by Deputy Pearse Doherty, the previous contributor, any information should be furnished to the clerk to the committee and not to the individual members who have presented. The clerk will circulate information to all members, who will have equal access to the information that the witnesses or any of the representative groups will share. Though Deputy Doherty is not a member of this committee, it will be shared with him equally, as it will be with members who have presented or who have not been able to attend today. I had some questions but I think we have all been exhausted, and the questions have been touched on in different ways. We have a significant job once we resume. We are anxious to conclude this report. We do not know how long we have in these Houses, so we will endeavour to get the report concluded as quickly as possible and published before the Taoiseach blows the whistle for a rematch for everybody concerned. I will vacate my position at that time.

It remains only for me to thank the witnesses. I will not reference the organisations but call the witnesses by their Christian names, if I may. I thank Isolde, Fergal, David, David eile - two together; snap - Brian, Ultan, Gerry, Michael and Declan for their attendance today.

This is the last sitting of the Joint Committee on Justice and Equality in 2019. I thank members for their participation throughout the year. It has been very productive. We hope that whatever duration the Thirty-second Dáil has into 2020, we will continue to be an important contributing body within the Houses of the Oireachtas. I invite witnesses to join us for a photograph. Pat will show us outside. We publish the photograph of all our witnesses with the reports.

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