Seanad debates

Wednesday, 4 December 2019

Civil Law (Costs in Probate Matters) Bill 2017: Committee Stage

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I thank the Minister for his contribution. I agree with him in respect of costs. Costs have grown very substantially and considerable disquiet has been expressed, both on a disciplinary basis and by the courts themselves, with regard to the costs practitioners sometimes charge estates. I accept that proposition. As the Minister will fully understand, this is not a lawyer's Bill. It is an ordinary person's Bill. To use the term we have been using in the House, this is a layman's Bill rather than one that is in lawyers' interests. If the Minister wants to have another period of reflection before the Bill leaves the House, that is one thing. Alternatively, the Minister might just say that it can leave the House and go on to the Dáil. At that stage the Attorney General will have to act. There is not much point in reconvening this House on this matter before Christmas unless the Minister is going to tender amendments. I will not be tendering further amendments and I do not see people on any bench here waving documents at me. I suggest that we attempt to deal with all Stages and then hand the Bill over to the Dáil in order that it can have the opportunity to seek the advice of the Attorney General, if that is required. It will not be law just because it has passed in this House. On the other hand, there is little point in having another hour or two of debate on it before Christmas. There are other matters the Minister would like this House to deal with before Christmas and which he thinks are more urgent. I do not want to waste too much time.

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