Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I am fully aware of the substance of what Deputy Donnelly seeks to do with the amendment. It is something we all want to do. I would differentiate between the State's legal representatives and those of the laboratories in terms of questioning and cross-examining in what the Deputy referred to.

I have examined this already and taken advice. I have also seen some court cases and rulings where aggravated damages have been awarded based on the conduct of the wrongdoer or his or her representative in defence of the claim of the wronged plaintiff. I can see why the Deputy wishes to have it stated explicitly. Respecting the independence of the tribunal, my sense is that the rules and procedures which everyone can view might be the right place. I have liaised with the tribunal to ensure that it is satisfied that it has the power, and it does. I would like to explore it a little further with the Deputy before Report Stage tomorrow and share with him some of the information I have been given by the tribunal to assure the Deputy that it has the power while also addressing the fair point that he makes. I suggest that women attending the tribunal, like the rest of us, are unlikely to read the legislation but would be more likely to read the rules and procedures of the tribunal. Let us have that discussion and see if we can find a way forward.

I could get into the technicalities of the wording of the amendment, which is somewhat problematic, but that is not the point today. I know what the Deputy is trying to do and I do not disagree with it. It is just a case of how best to achieve it and what way is most appropriate. I wish to provide an assurance to the committee and the House that the Office of the Attorney General and the tribunal itself are satisfied that the tribunal has the powers to do what the Deputy rightly wants them to be able to do on aggravated damages.