Seanad debates

Wednesday, 6 July 2011

10:30 am

Photo of Sean BarrettSean Barrett (Independent)

Some of my contribution will echo what Senator Zappone said. Today, the Troika is here. One of the key parts of the agreement of 1 December last is an examination of the costs of doing business in sheltered sectors in Ireland, including legal costs. That is what we were trying to debate yesterday in our amendments before they were guillotined. The cost of doing business in Ireland report of last June stated that legal costs have not responded significantly to the recession. They had increased by 19.9% since 2006 and they are high by international standards. A key element in the restraint of such costs is the Taxing Master. The Minister wishes to provide for a non-renewable five-year term for this post. This will weaken the position of the person who controls costs, which are a serious problem.

The alternative is to use the Solicitors (Amendment) Act 1994. Flynn and Halpin, the authors of a research paper on costs incurred under the Act, say it, curiously, does not define "excessive" when it comes to deciding what legal fees are excessive. The Minister for Justice and Equality has underestimated the extent of this problem and he should not undermine the role of the Taxing Master.

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