Joe O'Toole (Independent)

I take the point made by Senator Coghlan and know now where he is coming from. I have not read the explanatory memorandum but I know what he is talking about. It is a misinterpretation. Perhaps the memorandum is inelegantly written. It says that people may not have legal costs awarded to them because there was no legal activity. What it is saying is that when somebody fills in a form and sends it to the PIAB, all the work is then done by the board. Everything, including the assessment, is done by the board and a figure is arrived at.

For work already done by the board, lawyers are claiming costs and can receive €1,800 for simply filling out of a form. That is not to say that if it is appealed in the courts, a lawyer is entitled costs. However, they are not entitled to any costs before it goes to court. A lawyer cannot, on top of the costs for running a case, claim a further €1,800 for work already done by the board. This misunderstanding may be due to how the explanatory memorandum is drafted. The Bill does not intend to deny anyone of their legal costs. Costs necessarily incurred in the running of a case will be paid. This provision is to prevent work done by the board for €80 being used by lawyers who then charge €1,800 for it.