Dáil Éireann debate -
Tuesday, 23 Jun 1998

Vol. 492 No. 7

Written Answers. - Equality Payments.

Noel Ahern

Question:

277 Mr. N. Ahern asked the Minister for Social, Community and Family Affairs the position with the payment of all moneys under the social welfare equality payments in view of the fact that many women are still awaiting £2,500 to £3,000 from the solicitors; whether it is correct for solicitors to withhold sums which are based on deductions of 22.5 per cent; if his Department has paid or will pay all legal fees in this regard; the basis of the case before the Taxing Master; the number of solicitors withholding money; the number of women who have sums withheld and the total amount withheld; the name in which the money is held; if solicitors or the women will receive interest earned; and if he will make a statement on the matter. [15222/98]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

The position in relation to solicitors' fees is that settlements have been agreed with the legal representatives of those married women who instituted legal proceedings. The Department will meet the plaintiffs' legal fees associated with these settlements as adjudicated by the Taxing Master under the normal procedure whereby a solicitor's bill is examined by the Taxing Master who may either allow or reduce the amount involved. Bills for the legal fees are still awaited from some of the solicitors involved. The Chief State Solicitor's office has advised that the costs which solicitors are entitled to recover from my Department are those costs which are known as party and party costs. The question as to whether the married women concerned may be charged additional fees over and above those to be met by the State will be determined by the nature of whatever agreement they may have entered into with their solicitors. Women who approach my Department regarding such costs are being advised that they can seek to have those costs examined by the Taxing Master also.

Any plaintiff still awaiting a portion of the payment which is being withheld in respect of legal costs should contact her own solicitor who would be in a position to advise her of the position.