Charles Flanagan (Laois, Fine Gael) | Oireachtas source

On Committee Stage I accepted the amendment proposed by Senator McDowell.I indicated my intention to consult further with the Office of the Attorney General and arising from those consultations, I am proposing the amendment as currently constructed. The effect of this amendment will be to confirm that it would continue to be open to a court to order costs in favour of an unsuccessful party where it appears to the court to be just and equitable in the circumstances of the case, out of the estate of the deceased. It is my understanding that Senator McDowell in particular is agreeable to this clarification. I am sure that Senators will agree that those with genuine claims concerning, for example, misconduct or the maladministration of an estate, should not be discouraged from instituting or commencing legal proceedings because of a fear they may be charged with the entire costs of such proceedings if unsuccessful. The compromise put forward today should meet the concerns of the Senators who drafted the legislation and I ask the House to accept the amendment as currently drafted.