Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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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. [6002/13]

Alan Shatter (Dublin South, Fine Gael)
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It has always been a matter for the courts to determine liability for costs and the general rule, with limited statutory exception, is that costs follow the event. The courts may of course, in exceptional circumstances, direct otherwise and have done so in the past where significant issues of public interest have been raised and they continue to have that discretion.

I am, therefore, mindful of the proven benefits of the existing judicial discretion on this issue and of the need for any new approach to recognise this while avoiding any unintended consequences or prohibitive cost burden for the State, especially in the current economic circumstances. I note, too, the Law Reform Commission's previous cautious approach to pre-emptive costs as expressed in its Report on Judicial Review Procedure (LRC 71-2004). These are among the many factors which I have been taking into account in my consideration of the issue of protective costs orders and of their possible future application - including in the context of the Legal Services Regulation Bill 2011 which, though not making specific provision for such orders, provides a new framework for the regulation of the legal professions and of legal costs. The consideration of these various aspects of the issue of protective costs orders is, therefore, ongoing at my Department and its outcome will be made known at the appropriate time.