Thursday, 11 March 2004

Questions (107)

Jan O'Sullivan

Question:

108 Ms O’Sullivan asked the Minister for Education and Science if solicitors acting for abuse victims appearing before the Residential Institutions Redress Board are paid in full by the State. [8191/04]

View answer

Written answers (Question to Minister for Education and Science)

The issue of costs relating to an application to the Residential Institutions Redress Board is dealt with in section 27 (1) of the Residential Institutions Redress Act 2002. The redress board's newsletter dated 24 October 2003 posted on its websitewww.rirb.ie also addresses the issue of costs.

Section 27 (1) of the Residential Institutions Redress Act 2002 provides that the board will pay to an applicant to whom an award has been made, either by the board or on review, a reasonable amount for expenses incurred by the applicant in the preparation and presentation of the application to the board. This section further provides that the said expenses/costs should be agreed between the board and the applicant, or the applicant's solicitors or other representative. However, if the costs cannot be agreed between the board and the applicant, then the costs will be taxed before a taxing master of the High Court.

Once the costs have been referred to the taxing master, submissions will be made to the taxing master on behalf of the board and the applicant and the taxing master will ultimately decide what costs will be paid by the board to the applicant and or his or her solicitors or representatives. It should be noted that the costs will not be paid until an application has been finally determined and an award has been made.