Dáil debates

Wednesday, 13 December 2017

Topical Issue Debate

Legal Costs

4:15 pm

Photo of Pat CaseyPat Casey (Wicklow, Fianna Fail) | Oireachtas source

I thank the Minister for his response. It is disappointing that a sector of Irish society, the small and medium sized enterprises that play a huge role in that society, is left without any support. To put it in perspective, we are talking about amounts in excess of €2,000. If the amount is above €2,000 we must engage the legal professions. It is equally disappointing that even the Chief Justice, Mr. Justice Frank Clarke, last September stated that there was little point in having a good court system if a great many people found it difficult or even impossible to access it for practical reasons.

He said it was increasingly becoming the case that many types of litigation are moving beyond the resources of many. The Taoiseach said it seven years ago when he asked the very same question, yet we are back here seven years later and there is still no movement regarding this aspect of legal aid or indeed tackling the small claims court and looking at increasing the claims amount there. I understood that this requires just a statutory instrument, which would insert language into the small claims court legislation allowing these claims to go through an easier court system, one that does not require as many complicated forms as barristers or solicitors. Intellectual property should be considered as a separate entity.

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