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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Insurance Costs.

Access to Justice Under Court Reforms

Summary

Fitzpatrick warned that changes to court procedures and legal representation could disadvantage people of modest means without free legal aid. The Minister said the concern merited consideration on Committee Stage; Enright proposed an all-party committee, while Collins preferred debate in the House.

Has the Minister considered what effect the tidying up of the legal process, such as the abolition of juries, two seniors, etc. might have on the ability of a poor man, or one of moderate means, to have his case presented in court unless free legal aid is introduced? If the Minister abolishes the two seniors system and juries, insurance companies will bash the small litigant about from court to court and from judge to judge with the result that one senior will not tie himself in court for weeks and weeks in a case. Nearly everybody is a poor man when it comes to going to court and it will be very difficult to afford the fees involved.

Comment on this

I fully appreciate the concern expressed by Deputy Tom Fitzpatrick and I have no doubt that it will give us all much food for thought on Committee Stage.

Comment on this

Will the Minister have discussions with the Minister for Industry and Commerce to try to obtain specific proposals from insurance companies in regard to costs?

Comment on this

Yes.

Comment on this

I appreciate the Minister's courteous reply. He said he would gladly accept assistance from interested parties. Does he intend setting up an all-party committee to investigate this matter because the point raised by Deputy Tom Fitzpatrick should be examined? As he said, the ordinary man in the street will have little recourse to the legal system if he tries to take on very wealthy companies.

Comment on this

Having regard to the fact that Deputy Enright is a lawyer, and familiar with what goes on, I am sure he will accept that no Member of this House would like to see a situation of the kind mentioned by Deputy Tom Fitzparrick. A Bill such as the one about which we are talking, which is totally non-political, is best debated in the House.

Comment on this