John Bruton (Meath, Fine Gael)
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Question 147: To ask the Minister for Justice, Equality and Law Reform the way in which the legal costs associated with dispute resolution here compare with those in other Organisation for Economic Co-operation and Development, OECD, countries; and his views on whether an OECD study should be carried out on this matter. [18190/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The policy of the Government in this area generally is reflected in the provisions of the Courts and Court Officers Act 2002, the Personal Injuries Assessment Board Act 2003 and the Civil Liability and Courts Bill 2004. I have indicated my intention to establish a group to examine the matter of the taxation of costs. Moreover, the Competition Authority, as part of its study of regulatory reform in the State, is examining the role of the legal profession. This follows on from a study by the OECD on regulatory reform in Ireland.

The Civil Liability and Courts Bill contains provision to tackle insurance costs and fraud in cases of personal injuries. It facilitates the use of mediation. The Rules of the Superior Courts (Commercial Proceedings) 2004, made by the Superior Courts Rules Committee with my concurrence, have provision for mediation, conciliation or arbitration in commercial proceedings. The rules apply generally to claims, other than claims for damages for personal injuries, with a value of at least €1 million.

The second programme of the Law Reform Commission, approved by Government, includes alternative dispute resolution, ADR, among the topics which will be examined by the commission. I look forward to the outcome of this work in due course.

At European level, in April 2002, the European Commission produced a Green Paper on ADR in civil and commercial law. This was with the objective of launching a broad consultation process as to how best to promote ADR. It is understood that the Commission may present a proposal for a legislative instrument on ADR before the end of this year.

I have no ministerial responsibility in relation to the OECD. As far as I am aware, there is no international league for comparison purposes of costs associated with dispute resolution and there are no proposals to ask the OECD to carry out a study for this purpose.