Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

It is useful. It is very much part of a bigger picture. We would come across regularly some of the issues the witnesses touched on, for example, ordinary people who have clearly been wronged but cannot get a remedy for that wrong, be it that they have not the financial wherewithal to take a case or whatever.

I am struck by the comments which I agree with about collective redress. It is not only about access to the courts, particularly where the State is responsible as the defendant. There has to be a change in culture. This circling of the wagons most definitely exists. Not only does this put pressure on people but there are tremendous amounts of money involved. Looking at the detail on Army deafness, nearly €300 million was paid out. Some €100 million of that went on legal costs, not to mind what people were put through. The Lariam example is teed up for that. The present situation suggests we will have tortuous one-by-one litigation - it has already started - which does not do anybody any good.

I agree with Ms Barry's point. This is a modest Bill. It will leave many matters unaddressed. However, it is an important opportunity to discuss some of the bigger issues and it is better than what is there. From that point of view, even from the point of view of efficient court management, it is probably better.

I do not have a large number of questions. The biggest gap in the Bill is the issue of champetry and the lack of provision in it for third party funding. I would like to know the panel's opinion on that. The prohibition in Ireland is out of kilter with nearly everywhere else in the world. The Supreme Court upheld it in May 2017. Ms Justice Denham stated it should be perhaps looked at as a separate law. This is where a person not related cannot fund a case. It has come up on many occasions with persons with whom we have been dealing. I refer to groups of people, some of whom are involved. Those who are not might be family members. They might want to use GoFundMe online where many people throw in €20 because they see an injustice and they want to help, but they cannot do that. The Government has stated this has to be done in separate legislation and one cannot include it in this. If we do not address that, we will not advance these issues. What do the witnesses think?