Martin Daly (Roscommon-Galway, Fianna Fail)
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120. To ask the Tánaiste and Minister for Justice and Equality the way the current court fees regime (S.I. No. 492 of 2014) aligns with the State’s obligation to ensure effective access to the courts for the protection and vindication of constitutional rights; if he will introduce an explicit exemption from High Court stamp fees for proceedings brought primarily to vindicate fundamental rights; and the timeframe in which he plans to bring forward any amending statutory instrument. [6696/26]

Michael Cahill (Kerry, Fianna Fail)
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121. To ask the Tánaiste and Minister for Justice and Equality to urgently address matters raised in correspondence (details supplied); and if he will make a statement on the matter. [6725/26]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 120 and 121 together.

Matters in regard to court fees are set by Statutory Instrument made by the Minister for Justice, Home Affairs and Migration, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

The court fee structures currently in place are designed to be proportionate and balanced to ensure continued access to justice, while supporting appropriate contribution to the efficient running of the court system overall.

The current fees system reflects the need to ensure the interests of applicants, as well as considering the public interest in the smooth operation of the court system. This balance of interests, as well as applicable administrative considerations, is evident in the extensive range of existing exemptions from court fees already in place, in regard to specific categories of proceedings and by some State bodies.

Matters arising in relation to court fees are kept under consideration by my Department, as appropriate. I can confirm that S.I. No. 492/2014 (Supreme Court, Court of Appeal and High Court (Fees) Order 2014) is currently under review with a view to revising a number of its provisions to resolve an issue which has arisen as a result of a recent High Court judgement regarding the exemption for habeas corpus actions and to provide for an exemption for Qualified Entities under the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023.

It should also be noted that in accordance with, and subject to, Part 11 of the Legal Services Regulation Act 2015, parties who are entirely successful in civil proceedings are entitled to their costs.