Oireachtas Joint and Select Committees
Tuesday, 5 December 2023
Select Committee on Justice and Equality
Court Proceedings (Delays) Bill 2023: Committee Stage
James Browne (Wexford, Fianna Fail)
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I move amendment No. 1:
In page 13, line 11, to delete “by such documents,” and substitute the following:
“by—
(i) such documents, and
(ii) such fee, if any,”.
Amendment No. 1 provides for the possibility of charging an assessment application fee. Amendment No. 2 is a consequential amendment to amendment No. 1 referencing the fee "if any" to be published on our website along with the other assessment application information. I want to be clear that amendment No. 1 does not, of itself, introduce a fee and the words "if any" were included in the amendment to ensure that this was clear. The amendment will, however, avoid a potential need for a legislative amendment in the future should the introduction of a fee be deemed appropriate. The appropriateness of the charging of an assessment application fee will be determined in collaboration with stakeholders during the implementation process, which is under way in my Department, and the matter can also be re-examined later on. I also want to be clear that if the charging of a fee is deemed appropriate at any stage consideration will be given to the level at which any such fee is set to ensure that the process remains accessible while providing a sufficient deterrent to unmeritorious claims. I am acutely aware that the scheme must remain accessible if it is to implement the McFarlane judgment and, as Deputies will know, the Council of Europe is closely monitoring Ireland's compliance with that judgment.