Mary Harney (Dublin Mid West, Progressive Democrats)

I share the Deputy's opinion on legal costs in Ireland and the plethora of lawyers, from junior and senior counsel, solicitors and so on, involved in various actions. A previous Minister for Justice, Equality and Law Reform established a group on legal costs, the recommendations of which are being considered for implementation by the current Minister.

The Deputy's point on percentage costs is valid. It also applies to pharmacists, who receive a 50% mark-up on the cost of drugs. I have a strong opinion in that regard. When I am doing business in my private capacity, such as it is, I usually negotiate a fee. More people should do likewise. We pay substantially more in terms of legal costs and doctors than is paid in the UK. Professionals in this country do much better than their counterparts in Northern Ireland or the UK. As the Deputy is aware, the legislation on emergency provisions in respect of the levy, which is before the House, provides for the renegotiation or resetting of fees for health, legal and other professionals.

To be fair, the introduction of enterprise liability has been of major benefit from the point of view of hospital claims. Instead of different professionals having their own lawyers and insurers, each trying to ensure that their clients are not blamed, and the cases going on forever, cases are settled more cheaply than used to be the case.

Regarding a no fault scheme, a group under Professor Peter McKenna, an obstetrician from the Rotunda Hospital, was established prior to my appointment as Minister for Health and Children. The group's focus is on children who have suffered brain injuries at birth. If my memory serves, there are few such cases each year. The Deputy is correct in that the parents must litigate, a process that is traumatic and expensive. I am awaiting the group's report. It was trying to reach agreement between parents and the various interest groups before making a recommendation, which, judging by initial indications, was for a no fault system. I would have much sympathy for it. If we could target money to the children and their families instead of through a legal process and litigation that results in trauma, it would be attractive. Beyond this, the matter has not been considered. If we could have a no fault system that did not open the flood gates, I would be in favour of it.

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