Alan Shatter (Dublin South, Fine Gael)

I thank the Deputy for asking so many questions. The Leas-Cheann Comhairle may not allow me to answer all of them but I will do my best to work my way through. On the first issue, the State can appeal to the Taxing Master but the reality is that the State is not normally in conflict with the Chief State Solicitor's office over a costs issue. However, if, for instance, the State or a State agency instructs private solicitors to represent it for some particular purpose and there is a dispute about fees, the State could take the matter to the Taxing Master. Proceedings before the courts relating to the State or in which the State is involved frequently find their way into the adjudication process of the Taxing Master. For example, if the State is a successful defendant in court proceedings it may get an order for costs against the plaintiff or applicant and may want to recover legal costs. In those circumstances the Taxing Master may adjudicate on the appropriate sum if agreement is not reached on the matter.

In the context of transparency, contrary to the Deputy's perception I do not consider the law as it currently stands in this area satisfactory. It is contained in a variety of legislation some of which goes back to the late 1800s. Some of it is contained in rules of the courts, be it rules of the superior courts or lower courts. We are currently undertaking substantial work on a legal services Bill which I hope will be published during the course of this year and which must be published under the terms of the IMF-EU agreement. Initial work was undertaken by the previous Government on this legislation but I have revisited it and it will be substantially different and more reforming. It will address issues such as legal costs and mechanisms to resolve disputes and it will ensure in so far as it is possible that there is a degree of knowledge on the part of a client of the legal profession as to what costs may be incurred.

In some areas, it is impossible to give an accurate prediction as to what someone's legal costs will be. A provision in section 68 of the Courts Act 1994 requires lawyers to advise clients in advance either of the specific costs they will incur in court proceedings or to set out in detail the factors that would be applicable to calculating costs. One of the great difficulties, be it in family law or other types of litigation, is that a lawyer can rarely accurately predict how many court hearings may be required when people are heading into court or what difficulties may arise in accessing information and documentation. This results in different bills of cost being furnished to different individuals based on the background circumstances of their own proceedings. It is important that we have a modern framework of law in this area and substantial work is being undertaken to provide one.

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