Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 187: To ask the Minister for Education and Science if her attention has been drawn to the fact that solicitors charged fees to their clients on top of the costs paid by the Residential Institution Redress Board in advance of the publicity in recent weeks; and if she will make a statement on the matter. [32814/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Section 27 of the Residential Institutions Redress Act 2002 provides that all reasonable legal costs and other costs associated with the preparation and presentation of an application to the board will be met by the board. In the event that agreement cannot be reached between the board and the applicant's legal representative, the matter is referred to the taxing master of the High Court for determination.

The board's published guidelines and other publicity material on the redress scheme specifically highlight the fact that all reasonable legal costs incurred in respect of applications for redress are payable by the board. Furthermore, as solicitors are required under law to fully inform their clients, in writing, of the legal costs payable in their case, it is incumbent on the solicitor to inform an applicant to the board that all reasonable legal costs will be met by the board and that the applicant should not have to pay any legal costs.

The Law Society of Ireland is the body responsible under law for regulating the solicitor profession and as such it is a matter for the society to investigate complaints about the conduct of a solicitor. Earlier this year, my Department became aware that the society had taken the view that it was precluded from investigating complaints from applicants with regard to overcharging by solicitors as a result of the prohibition on disclosure of information under section 28 of the Residential Institutions Redress Act 2002. Arising from this, I included an amendment to this section on Committee Stage of the Commission to Inquire into Child Abuse (Amendment) Bill 2005 to enable the Law Society to investigate such complaints. This Bill was enacted into law on 9 July 2005.

The redress scheme was set up by the Government to help alleviate the injury and suffering experienced by victims of child abuse in residential institutional care. Awards made by the board are payable in full to the applicant, without any deduction for costs. It is a disgraceful practice that some solicitors would take advantage of their clients by overcharging as reported. I welcome the steps which are being taken by the Law Society to examine and deal with the issue of overcharging by solicitors. I understand that some people have already been refunded by solicitors and that the society will take whatever further action is appropriate, first, to ensure that all persons who were wrongly charged fees are fully reimbursed and, second, to prevent a recurrence of this practice. I have also discussed the matter with the Attorney General, who is in correspondence with the Law Society on the issue. I expect that the results of the investigation undertaken by the society will be made known to the Government and the public as soon as possible.