Michael McGrath (Cork South Central, Fianna Fail) | Oireachtas source

In broad terms, I support this amendment as a number of caveats will remain in place. The change which requires a court to draw inferences is subject to the caveat that if there is a reasonable cause for the delay, the provision mandating the court to draw inferences does not apply. The implication of the court drawing inferences relates to costs, as set out in subsection 3(b)(i) and (ii), but that is only where the interests of justice so require. That is a matter of interpretation and judgment for the judge. Accordingly, there are caveats and safeguards. However, it is important that the measure is properly discussed and teased out.

What practical difference will this make in a scenario where a claimant does not notify a business owner of an incident and waits until the eve of the two year anniversary to lodge a claim? That could be the first the policyholder would have heard of it. This practice will still be permitted and a claimant will still not have to notify a business of an alleged incident and may still take a claim on the eve of the second anniversary of the alleged incident. In practical terms, what difference will this change make in such a scenario?