Derek McDowell (Labour)

Senator Leyden is correct that it is not possible to prevent people from seeking legal advice. Unless she has had a change of mind, the Minister appears to want to prevent people from using solicitors as agents. If a claimant wants a person to act as an agent and communicate with the board on his or her behalf, the board should at least have the courtesy to communicate with that agent. Members of the Oireachtas find themselves in an analogous position in regularly dealing with Departments of State on behalf of individual constituents. If a Deputy writes to the Department of Social and Family Affairs, he or she does not expect to receive a reply saying the Department will not deal with him or her and will only write directly to the constituent. That would be tantamount to saying it is none of the Deputy's business. If someone chooses to have an agent communicate with the board on his or her behalf, as is their right, it is only right that the board should reply to that solicitor.

The principal point is that those costs are not recoverable. We accept this as do the legal representative bodies. The costs of legal representation will be covered in the award made by the assessment board, assuming it does not go any further. This is what the Bill is about, seeking to reduce costs and specifically legal costs. Where the claimant effectively accepts that he or she has to pay the solicitor, we should not only allow this but also insist that the board should deal with the solicitor if that is what the person wants.