Vincent P Martin (Green Party) | Oireachtas source

I wish Senator O’Hara well as he is to contest the general election in the UK on 4 July, when the US celebrates Independence Day. He will be contesting in the North Belfast constituency. I wish him good luck with that.

The purpose of my Bill is to provide that the offence or tort of maintenance or champerty does not apply to certain proceedings. In Ireland, it remains unlawful, subject to recognised exceptions, to enter into a third-party funding agreement. As well as being a civil wrong, maintenance or champerty is an offence. In a Supreme Court judgment in 2018, the then Chief Justice, Mr. Justice Frank Clarke, expressed his serious concern that there are cases where persons or entities have suffered from wrongdoing but are unable to effectively vindicate their rights because of the cost of going to court. He stated that is a problem to which solutions are required to be found. It seems to me that this is an issue to which the Legislature should give urgent consideration, and that is what I am seeking today. Subject to my being granted leave to introduce my Bill, I am looking forward to a good debate on it on Second Stage.

For the avoidance of any doubt, third-party funding is not appropriate for all disputes – for instance, personal injury cases or family law cases – but my Bill does propose to extend the funding option to limited and specified case categories. Enacting my Bill into law would extend third-party funding to proceedings concerning environmental protection and climate change, and it would also, in certain circumstances, result in an increase in assets being made to creditors in insolvency and bankruptcy proceedings. In my opinion, it is wrong that access to justice is connected with impecuniosity, and this Bill addresses that issue. I hope Members will support my amendment to the Order of Business to permit my Bill to be introduced and published today.