John Kelly (Labour) | Oireachtas source

I support the motion. Senators Whelan and Landy have put a compelling case for the reform of the State Claims Agency. We do not experience the trauma families suffer until such time, as they rightly point out, we see them coming out of court on the "Six-One News". The sense of relief on their faces is evident because of the trauma they have been put through for so many years. There seems to be a mentality of battening down the hatches whenever there is a claim and liability is never admitted. As a result, there are significant litigation costs resulting in the taxpayer paying 50% more in these claims. Who makes the decisions to frustrate families? Is it the legal system or the insurance companies, as Senator Whelan suggested?

For instance, I dealt with a small developer who built too many houses on a housing estate. He asked whether his development levies would be refunded by the local authority if he knocked ten houses. I spoke to a number of officials and they said that if he knocked the ten houses and did A, B, and C, they would give him his money back. A year later, after all that was done, no money had come through and out of pure frustration, he sent them a solicitor's letter. The response was to batten down the hatches. The legal advice from the local authority's solicitor was not to deal with the developer anymore and to leave it to him. That is the beginning of a process that will cost the council a fortune and, eventually, it will have to pay the bill. I will be a witness in the case because I was given commitments that the levies would be refunded.

This is an example of what is happening. I do not know why these cases happen or how they are brought about but it costs the State 50% more because the legal system can stifle a sensible outcome in such cases. This small developer to whom I referred is willing to pick up the telephone and resolve the case with an official but the local authority is not willing to do this on legal advice. I support the motion and I compliment my two colleagues for tabling it.