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Seanad
‹ An tOrd Gnó - Order of Business

Third-party funding Bill

Summary

Senator Martin proposed taking his Third-Party Funding Contracts Bill before the main business, Senator O’Hara seconded it, and Martin outlined the bill’s purpose. He also wished Senator O’Hara well in the UK election.

I seek the leave of the House to introduce my Bill entitled Third-Party Funding Contracts (Certain Proceedings) Bill 2024. It is No. 10 on the Order Paper. I formally propose an amendment to the Order of Business so No. 10 may be taken before No. 1. My colleague Senator O’Hara is willing to second that.

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I formally second the proposal.

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I wish Senator O’Hara well as he is to contest the general election in the UK on 4 July, when the US celebrates Independence Day. He will be contesting in the North Belfast constituency. I wish him good luck with that.

The purpose of my Bill is to provide that the offence or tort of maintenance or champerty does not apply to certain proceedings. In Ireland, it remains unlawful, subject to recognised exceptions, to enter into a third-party funding agreement. As well as being a civil wrong, maintenance or champerty is an offence. In a Supreme Court judgment in 2018, the then Chief Justice, Mr. Justice Frank Clarke, expressed his serious concern that there are cases where persons or entities have suffered from wrongdoing but are unable to effectively vindicate their rights because of the cost of going to court. He stated that is a problem to which solutions are required to be found. It seems to me that this is an issue to which the Legislature should give urgent consideration, and that is what I am seeking today. Subject to my being granted leave to introduce my Bill, I am looking forward to a good debate on it on Second Stage.

For the avoidance of any doubt, third-party funding is not appropriate for all disputes – for instance, personal injury cases or family law cases – but my Bill does propose to extend the funding option to limited and specified case categories. Enacting my Bill into law would extend third-party funding to proceedings concerning environmental protection and climate change, and it would also, in certain circumstances, result in an increase in assets being made to creditors in insolvency and bankruptcy proceedings. In my opinion, it is wrong that access to justice is connected with impecuniosity, and this Bill addresses that issue. I hope Members will support my amendment to the Order of Business to permit my Bill to be introduced and published today.

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I congratulate Senator Kyne and wish him the very best of luck in his new role in the remaining term of the Seanad. I wish Senator O'Hara well in the upcoming election.

Yesterday, I chaired much of the debate on surrogacy in this country. I congratulate all those who took part in it, particularly Senator Seery Kearney, who is with us this morning and who did considerable work on surrogacy. I was contacted last night by so many families who are so happy with the outcome of the debate on the Bill yesterday. I congratulate all those involved.

The issue I wish to raise today is the large-scale sports infrastructure fund, LSSIF. I received correspondence yesterday from my local authority, Kildare County Council, stating it was not putting forward the Maynooth swimming pool project but instead putting forward the Sallins amenity lands project.

I wish the people of Sallins all of the very best. I am sure my colleague, Senator Martin, will be supporting them in every way he can. There are great people in Sallins. The project being put forward by Kildare County Council consists of two GAA pitches, two natural grass soccer pitches and multiple other sports facilities for the people of Sallins. The reason I am raising this issue today, however, is that will be the only project put forward by Kildare County Council. I have raised previously in this House the need for sports infrastructure in this country and I want to raise the urgent need for sports infrastructure in my county of Kildare.

In my home town of Athy, we have 13 acres which the council has earmarked. It is putting together a Part 8 application for sports facilities because of the lack of facilities. I mention Athy Camogie Club once again, which does not have its own facility. I brought this up with the Minister for sport but it does not just concern Athy. Castledermot GAA, Monasterevin AFC, Kildare Town AFC and all the sports clubs in Newbridge are all crying out for additional playing facilities.

This is a huge crisis in many of our large towns throughout the State. I am sure the Deputy Leader has come across it in his own area. We have built houses, which are very welcome, but, unfortunately, the infrastructure is not there. Many sports clubs are struggling, particularly with regard to ladies' sports, and they cannot accommodate ladies' sports teams, which is totally wrong in this day and age. The facilities they need, be it dressing rooms or additional playing facilities, need to be provided by the Government and, indeed, the local authorities. I proposed previously that each local authority should provide additional sports funds in any town with a population of over 5,000 people. The Government needs to look at this also. It is unbelievable that we are only supporting one such project in County Kildare. Best wishes to the people in Sallins but all of those other lovely towns in Kildare South need additional playing facilities, and they need them now. They cannot afford to wait until next year when the next round of funding comes out. I hope the Government and, indeed, the Minister for sport recognise that. I believe both the Minister and the Minister of State with responsibility for sport have been down to Sallins and recognise the need there but they must start recognising the need of every other town in Kildare South.

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Jerry Buttimer An Cathaoirleach Fine Gael

I thank Senator Wall. I would like to facilitate Senator O'Hara and call him before Senator Seery Kearney.

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Gabhaim buíochas leis an gCathaoirleach. I thank my colleagues for their good wishes for next week's election in the North. The UK is one of only two places in Europe that uses the first-past-the-post electoral system, the other being the well-known liberal democracy of Belarus. I formally second my colleague, Senator Martin's amendment to the Order of Business today.

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