Dáil Éireann Debate, Thursday - 23 April 2026
436. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration his plans to review the current court fees regime, in light of concerns that High Court stamp fees may impede access to justice for individuals seeking to vindicate fundamental rights in areas such as housing, social-welfare entitlements, disability rights, education access, and equality or discrimination claims; and if he will make a statement on the matter. [29412/26]
Amharc ar fhreagra441. Deputy Louis O'Hara asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No.192 of 21 January 2026, if the review referenced has been completed; whether members of the public can make submissions to the review if it is still ongoing; and if he will make a statement on the matter. [29465/26]
Amharc ar fhreagraI propose to take Questions Nos. 436 and 441 together.
Matters in regard to court fees are set by Statutory Instrument made by the Minister for Justice, Home Affairs and Migration, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.
The court fee structures currently in place are designed to be proportionate and balanced to ensure continued access to justice, while supporting appropriate contribution to the efficient running of the court system overall.
The current fees system reflects the need to ensure the interests of applicants, as well as considering the public interest in the smooth operation of the court system. This balance of interests, as well as applicable administrative considerations, is evident in the extensive range of existing exemptions from court fees already in place in regard to specific categories of proceedings and by some State bodies.
Matters arising in relation to court fees are kept under consideration by my Department, as appropriate. I can confirm that S.I. No. 492/2014 (Supreme Court, Court of Appeal and High Court (Fees) Order 2014) is currently under review with a view to revising a number of its provisions to resolve an issue which has arisen as a result of a recent High Court judgement regarding the exemption for habeas corpus actions and to provide for an exemption for Qualified Entities under the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023. The review is addressing a limited number of technical and legal issues and therefore consultation focused on key stakeholders.
It should also be noted that in accordance with and subject to Part 11 of the Legal Services Regulation Act 2015, parties who are entirely successful in civil proceedings are entitled to their costs.
