Clare Daly (Dublin Fingal, Independent) | Oireachtas source

The amendments are not in any way novel but rather are an optional protocol to the directive and the legislation. We are not proposing anything new or dramatic as Deputy O'Callaghan suggested. I do not see why legal professionals would reinvent themselves as a not-for-profit organisation to take cases in which we specifically preclude them from being able to seek compensation or damage. Rather, they would keep the barrister's hat on, do the job and get paid for it because that is provided for. The amendment provides an alternative for people who cannot engage legal representation. As I am often contacted by people who wish to access the courts system but cannot afford to do so, I would be very pleased to get the list of solicitors who would take such actions for nothing. I have never encountered any such solicitors so we would be very grateful if Deputy O'Callaghan would pass on those names.

The amendments do not in any way create a free-for-all for not-for-profit organisations. In cases involving clear public interest, however, they may take up a case in the common good without initiating it. Such cases might have a broad impact on the public. The not-for-profit organisation would be excluded from getting damages in that regard, which is very important. These are optional protocols which experts in this area in the State have suggested should be added to the Bill and that is what we are trying to do.

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