Michael D'Arcy (Wexford, Fine Gael)
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We have analysed the legislation and sanctions. We believe that the legislation is fine and I refer to sections 5, 25 and 26 of the Civil Liability and Court Act 2004. There is no issue with the legislation or the sanction. There is an issue with the pathway from where a judge in a civil court believes there is an element of fraud or exaggeration in the claim and suggests something should happen. The Garda Síochána is the investigating authority for criminal sanction and it has investigated fewer than a dozen of these cases in the 14 years that have elapsed. I have met the Minister for Justice and Equality to discuss the matter and try to put in place a proper and correct pathway so that if a judge says, "I feel there is an element of exaggeration or fraud in a case" the Garda can investigate and present a file to the Director of Public Prosecutions, DPP. The sanction is €100,000 or jail time. The sanction is fine and it is also a criminal sanction. We are satisfied that the legislation is fine. We are not satisfied that the pathway between a justice in a civil court, the Garda Síochána and the DPP can do what the Vice Chairman suggests.