Willie O'Dea (Limerick East, Fianna Fail)

I agree with Deputy Costello that it is a fairly hefty percentage but these were party and party fees. In other words, if the costs were granted against the defendant, he would have been obliged by the Taxing Master to pay them if he was unhappy with the amount. These fees were barely sufficient to enable the plaintiff pursue his legal claim.

The 145 complaints are from people whose fees were paid by the Department of Defence but who had money deducted from their settlement cheque by their solicitors. They want to know why that happened given that the State paid the fees. The Law Society of Ireland says there is such a thing as solicitor and client fees over and above the costs one recovers by winning a case. These are for extra expenses, for example, extra experts' reports, time that the Taxing Master would not allow, etc. I wrote to the Law Society about that and it came back to me with the procedure where people can complain to the society. I have told the people concerned that if they write to me, I will give them all the necessary information to make a case to the Law Society.

I must admit to the House that the Law Society is now quoting a section of the Solicitors (Amendment) Act 1994 which states it is not obliged to deal with any claims regarding costs charged if the case was settled more than five years ago. The majority of these cases, as the Deputies are aware, were settled more than five years ago but this matter only came to light recently after the revelations concerning the legal fees in the residential institutions redress matter. I pointed that out to the Law Society.

I also pointed out to the society that it is obliged to furnish a bill of costs. In many of the cases where complaints arise a bill of costs is conspicuous by its absence. I also pointed out to the Law Society that solicitors are entitled to set out the basis of charge, under section 68 of the 1994 Act, when they first take on the case. I pointed out also that many of those initial estimates are also conspicuous by their absence. I am waiting for the Law Society to come back to me. My attitude is to help the claimant in every way by giving him or her all the necessary information we have, passing the matter on to the Law Society and following up the matter with the society if he or she wants to come back to us.

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