Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim céad fáilte roimh an Aire Stáit agus tá an-áthas orm a bheith in ann labhairt ar an rún seo anocht. Mar a deir mo chomhghleacaí, an Seanadóir Cullinane, i bprionsabal aontaíonn Sinn Féin leis na smaointí atá á chur chinn. Tréaslaím le mo chomhghleacaí as Contae an Chláir, an Seanadóir Conway, atá tar éis an rúin a chur chun cinn, ach ní aontaíonn muid go bhfuil brú sách láidir á chur ag an Rialtas maidir leis an gceist seo.

There has been much talk and speculation in the lifetime of the Government about the long-awaited Legal Services Regulation Bill.

It seeks to provide for reform of the law relating to the charging of costs by legal practitioners and the system of the assessment of costs relating to the provision of legal services.

We first got sight of the Legal Services Regulation Bill on 12 October 2011. It was debated on Second Stage two months later, and yet here we are, in February 2015, and it has still to complete Committee Stage. However, the mediation Bill, in the context of cost issues and resolving matters, could be as important for citizens as this Bill. So much of what happens in family law and civil law could be resolved at an early stage with a robust mediation process, and yet it is also stuck in the system.

The draft general scheme of the mediation Bill was published in 2012. The Government listed the mediation Bill for publication in late 2013. In April 2013, the former Minister, Deputy Shatter, stated that the Bill would be published in early 2014, and we are still waiting. We are expected to acknowledge the Government's commitment to further develop and expand mediation services throughout the State. We cannot do that and that is why we have tabled the amendment. I second the amendment that has been put forward. I am sure the Minister of State will understand that I and my party find it difficult to acknowledge this and, therefore, he will understand my amendment suggesting the deletion of this section.

The Government should show its commitment to developing and expanding mediation services throughout the State by bringing this Bill through in the lifetime of this Government, which we all know is running out. During a contribution in the Dáil, the former Minister, Deputy Shatter, pointed to the major benefits that would be delivered to the court system and society at large with the enactment of the Bill through increased use of mediation to resolve disputes. We call on his successor, Deputy Fitzgerald, to continue with the work started and ensure the passage of this Bill as a matter of urgency.

Mr. Tom Ward, chief clerk of the Dublin Circuit and District Courts, reported that a pilot mediation programme that ended on 31 August 2013 resulted in 831 concluded agreements, which resulted in saving an estimated 11.33% of court sitting time and annual savings of €119,476 in Courts Service costs plus €225,164 in Legal Aid Board costs. The money saved via this process is glaringly evident. Why are we not seizing on the opportunity both to increase access to justice for all and to save money? The delay is baffling. We urgently need enactment of the mediation Bill to make these cost savings widely available as well as delivering faster and better quality outcomes for those involved in disputes.

Access to justice in its widest sense of the effective resolution of disputes, whether through court-based litigation or alternative dispute resolution processes, is an essential aspect of ensuring the realisation of the fundamental rights recognised and given protection by the Constitution. Mediation procedures increase access to justice for all, but particularly for some of the most vulnerable in society, and this is more important than ever. In promoting access to justice, a modern civil justice system should offer a variety of approaches and options to dispute resolution, not only costly solutions. We need to ensure that we are offering a wider range of options to suit all.

I and Sinn Féin are supporting this motion, but I want to be clear in saying that the Government's actions on this so far are not good enough. I urge the Government to step up and prove its commitment to mediation services by bringing this Bill through both Houses of the Oireachtas as a matter of urgency. I note that Senators Conway, Bacik and others have also called for this. It would be a shameful indictment of the Government if the Bill fails to go through in its lifetime. It is now time for action, not more talk. Is é sin an fáth go bhfuilimid ag cur chun cinn na leasuithe atá molta againn. Ní féidir linn glacadh leis go bhfuil an Rialtas i ndáiríre faoin mBille seo muna bhfuil sé in ann léiriú dúinn anocht go bhfuil sé ag iarraidh an Bille a bhrú tríd chomh tapaidh agus is féidir. Táimid ag iarraidh an daingniú agus an tiomáint sin a fheiceáil ón Rialtas anocht. Is ar an mbonn sin a bhfuilimid tar éis na leasuithe a chur chun cinn. Feicfimid cén freagra a bheidh ag an Aire chun go bhfeicfimid an mbeimid ag brú na leasuithe.