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Seanad
‹ Order of Business

State Claims Agency legal costs

Summary

Senators welcome plans to review lengthy State Claims Agency proceedings, legal costs and the possibility of replacing adversarial claims with a no-fault system.

As I am referring to social housing, my advice to the Senator is that he should hold fire. I look forward to hearing what he will have to say post the budget.

I welcome the response received from the Minister of State last evening to the Private Members’ motion. We are all aware of the difficulties with the State Claims Agency and the lengthy legal difficulties, with which Senator Denis O'Donovan is more familiar than many of us are. Claims have become bogged down; they are lengthy and costly and there can be fault, as we know, on both sides. I welcome the very positive response the motion received from the Minister of State. An assurance was obtained from her that there would be a review of the State Claims Agency and how claims were handled. I have no doubt that there will be a more user-friendly approach in the future and that there will be a prompt no fault system of settlement and compensation when people will engage with one another and compromise may be reached in some cases. By engaging with each other, both sides will see the light and matters will be settled. That is the way to move forward and I very much welcome it.

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I echo Senator Paul Coghlan's comments. I compliment the Labour Party Senators, in particular Senators John Whelan and Denis Landy, and the Minister of State, Deputy Ann Phelan, on agreeing to study the question of legal costs and the substitution of a no fault system for the adversarial system. It is a most interesting matter as we do have high legal costs in Ireland. A figure included in the NTMA's annual report for 2014 is an award of €1.9 million to a child who had received catastrophic injuries. The legal costs in the case were over €1 million which the Taxing Master reduced to €373,500. Does a no fault system encourage frivolous, vexatious or badly proven claims? Does the adversarial system curb them? Does it cost too much? It is a most interesting reform and I wish those involved in the study well.

I extend congratulations to the staff and students of Magee College, Ulster University, Derry, which celebrates 150 years next week. I congratulate the provost, Professor Deirdre Heenan, as they come together to celebrate the anniversary. It is a remarkable college in the history of the country. Members may recall that when the Lockwood committee recommended the closure of Magee College in 1961 - it was then operating as a junior college of Trinity College Dublin - it brought together both communities in Derry for the first time. The links in scholarship include such distinguished people as Professor Terence Brown and Professor Aidan Clarke, two well known people in the humanities. The college now has 4,000 students and one would not dream of closing a university of that size today. The population of Derry has doubled since the 1960s, from 54,000 to 108,000. The Magee College anniversary celebrates a community that came together which was a foretaste of many cases in which there was co-operation between both communities in Derry. It showed the way ahead to the power sharing Executive we have today. The anniversary celebrates the rise of Nobel Peace Prize winner, Mr. John Hume, in public life and the period when he had the support of the Unionist Lord Mayor of Londonderry, as it was. It celebrates the success of the north west, under new political arrangements in Northern Ireland, and the success of the education sector in the community, particularly in the city of Derry. It also celebrates the contribution made on the island by the Presbyterian community, the largest denomination of the Protestant community in Northern Ireland. It celebrates a city that was proud to stand by its university when bureaucrats and politicians of a different hue sought to shut it down. The marking of the anniversary is a great social, political and education event that will be celebrated in Derry next week.

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