Mr. Neil McDonnell:

I need to answer the two Senators together because Senator Kieran O'Donnell asked a simple question which we did not actually answer, which was whether quantum was the silver bullet. It is about 70% or 80% of the bullet. I will not refer to any individual business but I ask members to bear in mind that we need to reform how liability is assessed. Currently, if something occurs on a premises, there is not even consideration of negligence, the insurer effectively will simply ask the business "Did this happen on your premises, yes or no?" Last week, the papers reported a €30,000 settlement to a child in a city centre crèche where one child went into another with a tricycle. This happened several years ago and €30,000 was awarded where the child is fully recovered and has a 1 mm scar. Whether we think that is a good idea is a subjective assessment, however we might ask if that happened in a person's kitchen, and one child banged into another and gave a scar, should a payment of €30,000 arise? If the answer is no, then neither should it arise in a crèche or a play facility. We must get our heads around the fact that simply because something happens on a premises does not mean the owner of the premises is liable for it. We have a bonkers concept of what constitutes negligence and duty of care. We have spent a long time arguing that. Currently anyone who owns or operates a premises who goes before a court, most especially where children are concerned, loses before going in to the courtroom, irrespective of the merits of their case. That is an area that must be taken on.