Oireachtas Joint and Select Committees

Tuesday, 5 December 2023

Select Committee on Justice and Equality

Court Proceedings (Delays) Bill 2023: Committee Stage

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I move amendment No.4:

In page 15, after line 39, to insert the following:

“(6) Subject to subsections (7)and (8), where a person, other than a public body, complies with a requirement under subsection (1)within the time period specified in the notice under that subsection or as extended under subsection (3), an Assessor may, not later than 1 month after such compliance, direct that the person (in this section referred to as a “relevant person”) be paid such amount as the Assessor considers reasonable in respect of the costs incurred by the relevant person in complying with the requirement.

(7) The costs directed to be paid undersubsection (6)shall not include any amount relating to costs incurred by the relevant person in respect of legal advice obtained by him or her in relation to a requirement undersubsection (1)or compliance with such a requirement.

(8) The Minister may from time to time prepare and issue guidelines as to the level of costs that may be directed to be paid under subsection (6)and, if he or she does so, an Assessor, in making a direction under the subsection shall— (a) do so in accordance with such guidelines, and

(b) not direct that costs be paid that are in excess of such maximum amount (if any) of costs that may be directed to be paid that is specified by the Minister in the guidelines. (9) The Minister shall publish, on a website maintained by or on behalf of the Minister, guidelines prepared and issued by him or her under subsection (8)as soon as practicable after they are issued.

(10) The Minister shall, not later than 2 months after the date on which costs (if any) are directed to be paid under subsection (6), pay to the relevant person such costs.”.

Amendment No. 4 provides that a third party who is asked to provide information or documentation to an assessor to decide a claim can be awarded reasonable costs associated with complying with an assessor's request.