Emer Currie (Dublin West, Fine Gael)
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688. To ask the Tánaiste and Minister for Justice and Equality the measures his Department is evaluating to reduce legal costs; and if he will make a statement on the matter. [54797/25]

Emer Currie (Dublin West, Fine Gael)
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690. To ask the Tánaiste and Minister for Justice and Equality if his Department has evaluated the development of a development consent order system similar to the system available in England in order that major infrastructure projects can avoid the need to secure consent for different features of the project under different regimes; and if he will make a statement on the matter. [54800/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 688 and 690 together.

In May 2022, the Minister for Justice published the Civil Justice Efficiencies and Reform Measures (CJERM) Plan. The plan was the result of consideration of the recommendations contained in the Kelly Review and engagement with the Courts Service and members of the Judiciary on how to take forward those recommendations.

While the Kelly Review made recommendations on measures to address the costs of litigation, it failed to reach a consensus on one primary approach to regulate them. Instead, two options were put forward: a set of non-binding guidelines; and the development of a table of maximum costs. In the absence of a clear primary recommendation in this area, the Minister requested that research be commissioned on the options set out in the Review.

To evaluate the matter further, the Department commissioned Indecon Economic Consultants to undertake a multi-criteria analysis of the two approaches set out in the Review Report. The Department also asked Indecon to consider other models that may achieve the goal of controlling litigation costs. The Report identified four possible models to control litigation costs but identified a dearth of data in relation to legal costs in Ireland. One of the options examined was that of providing a scale of fees for legal costs. Such an option has been provided for in the Planning and Development Act, and my Department is liaising with the Department of Climate, Energy and the Environment around the development of scales of fees and for Judicial Review applicants in the context of commencing that Act. It is hoped that the outcome of that project can then be extended to other areas of litigation.

In parallel with that work, I have obtained Government approval to prepare a General Scheme of a Civil Reform Bill. The Civil Reform Bill is a key implementation measure of the Kelly Report of the Review of the Administration of Civil Justice.

As part of the Bill, it is my intention to introduce provisions which will codify the existing law on judicial review by placing it on a statutory basis. The measures should achieve greater transparency in the law and lead to a more streamlined review process. Key reforms should ensure that the system cannot be misused on purely technical grounds, costs are reduced where possible and litigants have sufficient standing to properly challenge decisions.

The Civil Reform Bill will also contain measures to reform the law on:

• discovery and production of documents;
• case conduct principles for civil litigation;
• presumption against adjournments;
• deemed discontinuance of actions;
• creation of a standard claim notice;
• monetary jurisdictions of the courts in civil matters; and
• other aspects of the Kelly Review.