Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 442: To ask the Minister for Justice and Equality his plans to allow claimants with a human rights or public interest element to their case to apply for and receive protective cost orders. [35684/11]

Alan Shatter (Dublin South, Fine Gael)
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It is a matter for the court to determine liability for costs and generally costs follow the event although the court may in some circumstances direct otherwise.

An exception to that general rule is provided for in section 50B of the Planning and Development Act 2000 as amended. Under that Act, my colleague the Minister for Environment, Community and Local Government has provided that regardless of the outcome of proceedings, all parties to relevant judicial review proceedings must pay their own costs, including notice parties, save where the applicant is successful in proceedings because a public authority either failed to comply with or properly implement the relevant legislation or acted beyond its jurisdiction.

While the Legal Services Regulation Bill 2011 - which provides for regulation of the legal professions and of legal costs - does not provide expressly for the matter raised by the Deputy I am considering this matter in the context of further development of the Bill.