Tribunal legal costs
Higgins challenged the Government over tribunal legal fees, citing earlier demands to raise lawyers’ rates and accusing the Tánaiste of hypocrisy; he also asked whether the Government would curb costs while allowing corruption inquiries to continue. The Taoiseach acknowledged that staffing and fees had been increased, said legislation sought to speed tribunal work, and explained that the Government was negotiating outstanding modules, duration and future costs, including for the planning tribunal.
Could we have a modicum of honesty from the Government regarding the legal costs of tribunals? Last week, the Taoiseach's deputy, the Tánaiste, gave a brazen display of hypocrisy regarding the costs of the planning tribunal, posturing as a defender of the taxpayer and taking a leaf out of the Taoiseach's book of pretending to be the Opposition while holding responsibility for what is happening.
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Thanks to letters acquired from the Department of Finance by the Irish Daily Mail via freedom of information requests, we know that eight years ago, the Tánaiste, who was then the Attorney General, demanded of the Department of Finance a doubling of the daily rate of lawyers’ fees in the planning tribunal.
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The Department's officials stated the Taoiseach wanted the same and demanded full resources.
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What do we know of the Tánaiste? In his three years as Attorney General, five years as the Minister for Justice, Equality and Law Reform and, decades previously, time in the Four Courts representing his clients whenever he managed to take the silver spoon or silver foot out of his mouth, he commanded massive fees. We did not hear a peep about the ruinous cost of fees not only to tribunals, but to ordinary working people who are priced out of getting justice because of the greed emanating from certain sections of the barrister class.
With a brass neck, the Tánaiste appeared to be posturing as a defender of the taxpayer last week. We know the sight of cameras and microphones triggers seismic tremors deep in the Tánaiste's psyche——
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When the Tánaiste goes on rant-about, would it be too much to ask media editors that rather than behaving like apostles on whom tongues of fire have descended when he speaks, they would bring some critical analysis to bear on what he says and check the record?
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Last week, they lost a golden opportunity to unmask a blatantly dishonest posture. Rather than encouraging further posturings by wall-to-wall coverage——
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It is not appropriate to cast reflection on a Member of the House or anyone else. The Deputy is sailing close to the wind.
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There is no Standing Order against preventing a Member from shooting himself or herself in the foot.
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This is the same Minister for Justice, Equality and Law Reform who, three nights ago, stood up and dared to attack me and Independent Deputies as being supporters of a slump coalition. I would not worry about his sensitive nature.
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Does the Taoiseach take responsibility for the monstrous costs involved in these tribunals because he failed to curb them, does he admit that the scandal of cost was raised with him and the then Tánaiste, the Minister for Health and Children, many years ago by myself and other Deputies and what does he propose to do to allow the investigation into corruption, which must be unmasked, to continue while curbing these outlandish fees for which the taxpayer will be liable?
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The answer to the Deputy's question is that, yes, several years ago, we increased both the staffing and fee levels of the tribunals. In 2004 we introduced new legislation to increase the number of judges and to attempt to speed up the modules. We did this when the tribunal indicated it would not finish its work until 2016. At that stage we introduced a new regime which ends at the end of this month. The Minister for the Environment, Heritage and Local Government is in discussions with the tribunal as to how agreement may be reached on the modules and the fees for the future.
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What has the Government concluded as regards the planning tribunal, for example, in terms of how long more it should run? Has this been discussed and has a decision been made by Government in this regard? How is it proposed to curb the legal costs? The Taoiseach has not given the House notice of any specific measure to place a limit on the legal costs which are bearing down on the taxpayer.
I remind him this is a much wider issue, involving justice for ordinary working people, and the poor, who simply cannot afford going to court and risk the enormous fees that may fall on their heads should they be unsuccessful. It is an extremely serious issue, not just for the taxpayer, but as regards working people generally. Taxpayers have inadvertently made several millionaires out of lawyers in the tribunals in recent years, but they themselves cannot afford to darken the doorway of the Four Courts should they need to go there because they cannot risk the costs. What concrete measures is the Taoiseach proposing today to curb this ruinous level of costs in tribunals and for people generally?
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The Government is dealing with a number of the tribunals as regards costs. We must reach a conclusion because the dates are up shortly for some of these. The date for the planning tribunal is 31 March, and it is clear for a variety of reasons that its work will not be finished on that date or for a long time afterwards. The Minister for the Environment, Heritage and Local Government, Deputy Roche, is trying to reach a conclusion as regards what modules are outstanding, how long they are likely to take and what to do about costs. It is not just a question of the planning tribunal. This must be dealt with as regards other tribunals as well. It will take a few weeks and this is being negotiated between the tribunals and the Minister, Deputy Roche.