Richard Bruton (Dublin North Central, Fine Gael)

Will the Minister indicate what issues a Minister or Attorney General might consider in making his or her determination? I note that according to sections 9(5)(d) and 9(5)(e) the Minister must examine the expenses and commitments of the people providing services and the impact on the State's ability to continue to provide whatever services the Department is providing. It would seem, therefore, there could be different rates of reduction of fees applied, depending on what the Minister finds when the criteria are reviewed. Is that what is envisaged?

I refer to Deputy Rabbitte's point. Should we not then include some reasonable value in terms of comparable services in other countries? It would seem that the legal fees paid to some barristers are dramatically out of line with anything credible or reasonable. If we were to consider cuts in the level of fees, by applying various criteria of this nature one could produce the idea that some would be reduced by a good deal more than others. I would be very supportive of this measure if we could get away with it and if we could apply rules based on it. For example, would the expenses and commitments of professionals referred to in the legislation require an examination of the expenses of a barrister? Would the Minister consider the general expenses of a barrister in providing a service and then take that into account in deciding the per diem or the retainer fee? It would be very interesting territory if a Minister could do so. Will we see some categories taking a larger hit because, under these criteria, they have a broader back?

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