Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

Under section 266(3)(a), (b), (c) and (d), what is really important is the need for equitable and orderly access to the courts for all persons to be ensured in accordance with law and the need to ensure the court and judicial resources are utilised for the common good and in the interests of justice. That obviously underpins it. The Minister of State, Deputy Noonan, mentioned that the drafting and preparatory work on the cost scheme is being done by the Department of the Environment, Climate and Communication, so I will not read that. What I envisage is a scale of fees that will be set out. Obviously if one wins, costs are covered. There will be a mechanism. I envisage an element of means testing within it, but at a very low level. I see this as a good protection mechanism for people. It is clear what the scale of fees are, what the costs recovery would be or what the cost that would be incurred potentially would be. There would be an appeals mechanism within it. We are working towards the cost scheme being published three months after the passing of the Bill. They will come back to the Government to update and we will advise the committee of that. We intend to have substantial public consultation on that. I see this as a real assistance for groups. I think all of us can agree that legal costs in some instances have been and continue to be I will not say inflated but substantial. It is right and proper we make sure the resources of the State are used appropriately. When people take cases and win, they are covered. There is a clear cost scheme set forward for people and groups that decide to take a case.

That is the thinking around it. We will have a public consultation. There will be a scale of fees, an element of means testing and an appeals mechanism . It is important for the legal fraternity to see what the appropriate fees are. All of us want to ensure access to justice. That underpins everything we do. It is appropriate, in everyone's interests, that we look at costs to make sure the resources of the State are used appropriately.