Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

I move amendment No. 4:

In page 4, line 13, after “counsel” to insert “by either the claimant or the insurance undertaking or by both”.

Again, this amendment attempts to capture what happens informally back and forth that may lead to settlements not being recorded. The current definition of "direct negotiation" in subsection (4) is very limited. It is more a definition of formal negotiation than direct negotiation.

I believe we need a full picture. What the amendment does, simply, is make clear that this would involve not only negotiation involving in whole or in part the services of a solicitor or counsel as happens at present and would add "by either the claimant or the insurance undertaking or by both". This will make it clear that if there is only one side with a solicitor or counsel, then it is deemed as direct negotiation and it can be captured.