David Stanton (Cork East, Fine Gael)
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I thank our witnesses for their presentations. Deputy Bruton referred to the champerty and maintenance prohibition.

The witnesses said this law is ancient and goes back to 1495 or some date like that. Perhaps it is time, therefore, that we had a look at it to consider making changes to the third-party funding aspect. We have an opt-in system here. Am I correct that other jurisdictions have an opt-out system? There are certain time limits in the procedures here under which people can apply to opt-in. If those deadlines are missed, however, people miss out on the opportunity. Would the witnesses like to comment on this aspect and whether we should look at it? Am I correct that the UK has an opt-out rather than an opt-in system? I know it is not in the EU anymore and is not covered by this.

Regarding funding, I also noted the Quebec model in Canada, which is a central justice fund for funding this type of action. Has any consideration been given to that system or have the witnesses any knowledge of how it operates? I would also be interested to know what the CAI representatives might say regarding the impact this might have on insurance costs for traders and businesses. Am I correct that traders and businesses could experience an increase in their insurance premiums, which could impact on costs for consumers in the long term? I have noted comments on this aspect in some of the literature. Everything else I wanted to ask about has been covered, except for whether this measure might be partially retrospective. Could this legislation have retrospective application even though it is coming into place in 2023?