Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

We are trying to get maximum clarity around the two core pillars of the cost regime that the Bill proposes. The Minister of State, Deputy Noonan, earlier gave an outline of what is happening in the interdepartmental groups and when the Minister and his Department is meant to report back. The real question many of us have is that there has been a degree of certainty provided by the Heather Hill judgment which had not been there for a period of time. We have heard lots of evidence to this committee, including from legal professionals, to say what is here is going to disrupt and disturb that certainty and potentially create a significant amount of uncertainty and litigation. The greater clarity the Minister can provide to the committee and through this committee to the public on what is actually likely to replace the Heather Hill judgment, the better. We do not need him to repeat the principles because in fairness to Deputy Malcolm Noonan, he gave us that earlier. What is actually expected to be put in place? How is it going to operate?

One of the big concerns people have is that they could end up in a David and Goliath situation whereby if costs are set at a particular level, for example, by a Government - it could be this Government or a future Government - they could end up having access to a lower level of resources than the person, or the corporate entity in many cases, on the other side of the legal battle. Therefore the principle of fairness which the Minister of State, Deputy Noonan, spoke of earlier, would not actually transpire in reality. There is also a significant concern around how the fee-setting mechanism would operate over time and how what I call the legal aid scheme, because it is the only way I can understand that and because we all understand how legal aid currently works in its imperfections and challenges, and the cost regime being proposed here would not have the same weaknesses and pitfalls of legal aid as it stands. Obviously legal aid is of huge benefit to many people but many end up being excluded from it because of the way in which it is constructed and the budgetary constraints regularly imposed on it.