Section 20A(2) of the “Commission to Inquire into Child Abuse Act 2000” (as amended), provides that “the Commission may pay such reasonable costs arising out of the [3 rd party legal] representation…to the person so represented, as are agreed between the Commission and that person…”.
It is the Commission’s position that the Act of 2000 only allows for settlement of 3 rd party legal representation costs that accrued since the establishment date of the Commission.
Currently, the Commission is engaged in settling the legal representation costs of the persons referred to in section 20A of the Act.
The Commission considers costs submitted by solicitors and counsel who have acted for complainants or respondents, including
those of the witnesses who attended at the Commission’s “Investigation Committee” proceedings. There are no legal
representation costs for witnesses who have attended the Commission’s “Confidential Committee”.
However, it is open to the Chairperson of the Commission to hold further hearings if it is deemed necessary in order to complete
the work of the Investigation Committee. Therefore, the Commission reserves the right to settle 3 rd party legal representation
costs, only at the point it considers a matter “closed”.
With reference to Section 20A of the 2000 Act, once the Commission has decided, in principle, to pay a particular set of fees,
it is statutorily bound to pay only what is reasonable in relation to the legal representation of a person. Full and final settlement
of the fees will be agreed with a client’s solicitor (or be subject to taxation), after the Commission’s Costs Team, including its
Legal Costs Accountant, has extensively scrutinized the work undertaken by the legal representatives. As such, but without
interfering in the solicitor/client relationship, the Commission considers that once those fees have been accepted by the solicitor,
no further costs should accrue to the person.
Any questions on the subject of the 3 rd party legal representation costs should be addressed, via your solicitor, to the
Secretary of the Commission.