Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank everyone for coming in here and for their submissions. I have been a barrister for a long time. Usually, I do not like to give speeches about my own assessment but I will give these entities my assessment of how legal costs could be reduced. I want to hear what they have to say in respect of it. It is helpful that we have here before us today two of the largest purchasers of legal services - insurance companies and the State. In most cases that are operating in the courts, most defendants will be indemnified. They are covered by insurance companies and, therefore, insurance companies are involved in most cases. There is also a large part of litigation that involves the State. That is nothing unusual. It would be the same in most other parts of the world as well.

In terms of purchasing the services of barristers, there are approximately 2,300 in the country and the vast majority of the work is probably done by 300 barristers. It is a very competitive environment being a barrister in Ireland, and there are a large number of people who are highly educated, have qualified to be a barrister, have worked there for many years but who are not getting much work. They are not making a living out of it. Part of the problem, in my assessment, is that the large purchasers of legal services purchase services from the same group of successful people all the time. That is understandable because going to court is an unusual event - it can be an exceptional event - and one wants to ensure that one will not hire somebody who is untested.

However, it would be helpful if insurance companies, the State and everyone else who is involved in litigation would shop around a bit more to try and see whether there are other places they could go to get the work done. It is as though all of these entities are shopping in Brown Thomas. There are other shops that they could go to and look for services. I do not say this to facilitate younger barristers who are desperate to make a living. It will have the impact of reducing the amount of money these entities must pay on legal costs. I am sure at present insurance companies have barristers and solicitors who are doing cases in the courts for them, and the State has as well, but if there were a mechanism whereby cases could be put out to tender to see whether a person would charge a certain amount for a case, I guarantee it would get younger qualified capable barristers who would be prepared to do the work for 75% of what is being charged at present. When the State Claims Agency is trying to purchase the services of, for example, a barrister or a solicitor, to what extent do Mr. Mack or Mr. Dunning shop around and, having heard that Jack Chambers will do it for a certain amount, ask whether another barrister or solicitor will do it for 75% of that?