Colm Burke (Fine Gael) | Oireachtas source

I thank the Minister of State for taking this matter relating to the Department of Justice and Equality and the Courts Service. The High Court has two Taxing Masters and I do not want this matter to be viewed as a criticism of them because they are doing a good job, but there are long delays because of the volume of work they face.

I refer to the need to appoint a third Taxing Master. I make this proposal on the basis that such an appointment would be cost neutral. If one sends a bill for costs to be taxed by the Taxing Master, stamp duty must be paid before one receives a certificate of taxation.

Therefore, stamp duty paid will more than adequately pay for the cost of a taxing master.

Let me refer to a case that was settled in September 2012 and that was submitted for taxation of costs. Obviously, there were ongoing negotiations beforehand. The client said she sent in for taxation of costs in February. The earliest date for taxation given is 12 July. Therefore, there is a gap of five or six months. The problem is that if there are any applications for adjournment, the case may well not be dealt with until October or November. There is a major problem, but not so much with the bigger legal firms. The bigger legal firms in Dublin are doing fine because they have all the additional work. I was surprised to discover recently that work that was sent to a Cork legal firm heretofore is now all sent to one in Dublin. No one has explained this to me.

The issue for the smaller legal practice is cashflow. The problem that has now arisen is that insurance companies are aware of the delays in processing the taxation of costs. They have decided to play hardball as regards what they are offering in settlement, not so much in the settlement of cases but in the subsequent settlement of costs. Smaller practices are suffering badly because if one wants to take a case in the High Court in respect of personal injuries, one must pay for the medical reports and many other reports up front. Last week, I spoke to an office worker who told me he or she had to pay £2,500 for a medical report from the United Kingdom. Such reports may take anything up to four years to recover. This results in a cashflow problem. Unless the issue is resolved, practices will be forced to close and jobs will be lost. This is unnecessary. This issue can be dealt with easily without any additional cost to the State. That is why I am raising this matter tonight and seeking the appointment of a third taxing master.