Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

The definition cannot be changed by regulation. The definition can only be changed by the approval of the Houses of the Oireachtas. The definition in this case has direct negotiation as including in whole or in part the services of a solicitor or counsel.

I appeal to the Minister of State to reflect on this. The amendment does not take away from the provision unless I am unaware of some legal issue arising from the Office of the Attorney General. If that is the case I would be happy to hear it. In any case, this amendment makes clear that this is by either the claimant or the insurance undertaking or by both. The interpretation of the provision could lead to what would be defined as a more formal negotiation between two sets of counsel or solicitors, as opposed to an individual making contact with an insurance solicitor or insurance company's legal representatives in an agreement or settlement that would not be captured.