Ms Fiona Finn:

Section 18(4) of the 1996 Act, which talks about dependancy, has been in place now for almost a decade. It also has brought with it quite a strong body of jurisprudence on the issue of dependency. The courts have looked at it. While there is an element of discretion inherent in it, the courts have set down fairly clear guidelines as to who would be considered dependants. It is not just a financial issue, there is an element of emotional dependency and the nature and type of dependency, which must be continuous and ongoing. As that section of the Act has been in operation for ten years, there is quite a clear understanding of what we mean by dependency. There is a lot of settled law behind that and I do not think this would present itself as a particular issue or barrier.