Kevin Humphreys (Labour) | Oireachtas source

I thank the Cathaoirleach for selecting this matter. In an interview on RTE recently the new Chief Justice acknowledged a basic problem in the justice system, namely, the cost of engaging in litigation in certain cases was beyond the resources of many. There is little point in having a good courts system if a great many people find it difficult, if not impossible, to access it. That is true both for citizens and small businesses. The 2016 District Court rules which I downloaded yesterday indicate that it costs approximately €3,000 to hire a solicitor specialising in the area of intellectual property, while it costs approximately €1,000 to hire a barrister. Therefore, it would cost a total of €4,000 to take to court an infringement claim for €1,500.The Minister of State will note that it involves a disproportionate cost for many small businesses to bring actions under these circumstances. Taking the figures I have given at face value, does the Minister of State consider that this situation is acceptable or should something be done to resolve this?

This issue has been kicked between Departments for the past two years. It is clearly a justice issue and one for the Minister for Justice and Equality. If we want to be a country that encourages people to be entrepreneurial and to start their own businesses, they must have access to the courts system.

There is an EU ruling on this area. Ireland is in breach of an EU ruling to allow a small business person to take a claim to our courts and to represent themselves. Failing our allowing a small business person to represent themselves, we should provide them with free legal aid, but it would be much more cost-effective to allow small business persons to represent themselves in our courts system. It is within the remit of the Department of Justice and Equality to allow this. This issue has been dodged for two years. I am seeking action today rather than platitudes. Urgent action needs to be taken if we are to encourage the development of an entrepreneurial society. We need to give our small businesses the supports they need as well as access to the courts system.