Pearse Doherty (Donegal South West, Sinn Fein) | Oireachtas source

I understand that, and the Bill to which the Minister of State refers has not yet been implemented. We will have to deal with the section on its own merit. This is about exempting and indemnifying a trustee against liability, which could be quite large. What benchmark would have to be reached under this section to show that the trustee has failed in the degree of care and diligence required? It is okay to pass legislation with those words, which sound fine, but what are the benchmarks with the execution of this legislation? It may not be possible to be more specific as there could be a danger of allowing others who fulfil some but not all criteria to be indemnified. It is a catch-all reference and past experience has shown that it has been difficult, considering what has gone on in the banks, to identify legal breaches. It is clear that in many cases there has been no legal breach, although public opinion might suggest otherwise.