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Dáil Éireann díospóireacht -
Tuesday, 22 Apr 1986

Vol. 365 No. 7

Ceisteanna—Questions. Oral Answers. - Courts Reform.

11.

asked the Minister for Justice when he intends to introduce a major reform of the courts, including a reduction in the number of legal representatives in High Court and Circuit Court litigation, which should benefit the whole insurance and employment market.

I am aware that the Joint Committee on Small Businesses, in their recent report on the Insurance Problems in Small Businesses recommended that the General Council of the Bar of Ireland should terminate the so-called "three Counsel Rule" that applies in High Court actions, and, failing this, that legislation should be introduced to achieve this objective.

As the Deputy will probably be aware, the Minister for Industry and Commerce has asked the Restrictive Practices Commission to carry out a general study of restrictive practices in the professions, which will, of course, cover the legal profession.

Deputy Allen will appreciate that I could not indicate at this stage what legislative proposals I might bring forward in the areas mentioned by him, nor could I do so in advance of a Government decision in the matter.

Would the Minister agree that action in this area is now urgent because of the high cost of risk insurance affecting jobs and people who want to drive? Would he agree that part of the problem lies in the inefficiency of the courts and their over-representation? Furthermore, would he agree that there is ample evidence to go ahead and draft legislation rather than awaiting further reports?

I would be concerned that any legislative steps we took would be properly founded on an analysis both of the problems, as they are perceived, and of the effect on those problems of any steps that might be taken.

Has the Minister had any negotiations with the Bar Council in relation to the over-representation in the courts and, if so, what response has he had?

I have not had negotiations with the Bar Council on the matter.

Has the Minister had discussions?

I have discussed the matter with a wide range of interested parties.

Has the Minister any estimate of the kinds of savings which could be effected in insurance?

No, that is not my job.

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