asked the Minister for Justice (a) whether any interested parties, apart from the Department of Finance or any other Department, were consulted before he recently made the various fees orders, increasing fees payable by the general public in the Land Registry, Probate Office, Supreme Court, High Court, Circuit Court, and the District Court; (b) if he had any consultations with any outside bodies, and, if so who these outside bodies were; (c) if he had such consultations, what the reaction of such outside bodies were; and (d) if he will state in view of the fact that it once appeared to be the policy of the Government, in the light of various statements by members of the Government and in particular by the Minister himself and his predecessor in office to bring down the cost of litigation, the cost of dealings in connection with the transfers of land and in dealings with the Probate Office, whether that policy has now changed; if he will comment fully on this; and if the policy has not changed, how he can justify these increases.
Ceisteanna—Questions. Oral Answers. - Increased Court Fees.
The answer to the first two parts of the question is in the negative. It has never been the practice or policy to have such consultations and when previous fees orders were made in 1956 there were no such consultations.
With regard to the final part of the question, it is settled Government policy to keep down as far as possible the cost of litigation, the cost of dealings in land and the cost of taking out grants of probate and administration. The official fees which are payable in connection with these matters constitute only a small proportion of the total legal costs involved.
The increase in court and Land Registry fees effected as from 1st April last were necessitated by increased operational costs. I may add that in the case of the Land Registry there is a statutory obligation on me to ensure that registration fees are sufficient to cover expenses incurred under and incidental to the working of the Registration of Title Acts.
Surely the Minister knows these fees have increased out of all knowing and that his justification that it is to meet increased costs cannot hold water?
On average, they are increased every ten years. They were increased ten years ago by Deputy Sweetman.
Maybe they were justified then.
Will the Minister say whether he has yet made the necessary orders affecting Circuit Court costs so that increased court fees may be recovered against the unsuccessful party?
I am on the way to doing that.
At the moment the successful litigant has to bear the fees the Minister has increased.
That matter is under discussion.
Can the Minister say when the discussion will end?
I am actually meeting the Incorporated Law Society in the next few days.
Can the Minister say what is the difficulty? It should be an easy thing.
There are difficulties.