Dáil Éireann Debate, Tuesday - 26 April 2016
219. Deputy Thomas Byrne asked the Minister for Justice and Equality if she has ever reviewed the position regarding the crimes and torts of champerty and maintenance; and if she will make a statement on the matter. [8326/16]
View answer220. Deputy Thomas Byrne asked the Minister for Justice and Equality the public policy reasons behind the continuance of the crimes and torts of champerty and maintenance in Irish law; and if she will make a statement on the matter. [8327/16]
View answerI propose to take Questions Nos. 219 and 220 together.
As the Deputy will know, maintenance is the giving of financial assistance or encouragement to a party to litigation by a person who has neither an interest in the litigation nor any motive recognised by the law as justifying interference and champerty is an aggravated form of maintenance as it involves the support of litigation by a non-party in return for a share of the proceeds. The Statute Law Revision Act 2007 specifically retained in existence, in Irish Law, the torts and offences of maintenance and champerty.
Under current law, actions comprising maintenance and/or champerty in Ireland are considered to be contrary to public policy in that inter alia they may assist in the development of a market in legal claims thereby promoting litigation for the benefit of the promoter rather than the litigant and are considered to have the potential to create a substantial injustice to a defendant in an action. Maintenance and champerty are not permitted as a matter of Irish law regardless of the extent of the control exercised over the conduct of the litigation by the funder. As I understand these particular matters to be sub judice, I will refrain from any further comment.
However, as the Deputy may also be aware, the 2010 Report of the Law Reform Commission on the Consolidation and Reform of the Courts Acts recommended that legislation should make provision for the continuation of the most significant criminal offences and civil wrongs against the administration of justice and that it should also deal with civil liability towards any person who has suffered financial loss arising from perjury, embracery, malicious prosecution, maintenance or champerty. Additionally, in its Fourth Programme of Law Reform published in November 2013, the Commission has set out its intention to examine the area of contempt of court and other offences and torts involving the administration of justice which will include an examination of related offences and torts including, inter alia, champerty and maintenance. I understand that Law Reform Commission work on this has commenced this year and, as with any developments before the Courts, any report and recommendations of the Commission with regard to maintenance and champerty will be fully considered by my Department and by Government in due course.
