Billy Kelleher (Cork North Central, Fianna Fail)
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I move amendment No. 1:

In page 6, lines 6 and 7, to delete “may, in its discretion” and substitute “shall”.

There have been parliamentary debates for years on the difference between "shall" and "may". Our intention is to ensure there is an obligation on the judicial system to sanction in some way persons who do not co-operate with the system. While I accept the Minister's argument that it would interfere with the independence of the Judiciary, I would like to hear why she cannot accept the amendment.

We are trying to send a message that people must be more co-operative with the system itself, which was set up to ensure there would be a seamless, less adversarial and less costly system in place. As I said, there should be some sanction for people who do no contribute in a co-operative way to the system when they assess damages or make their case. We made the point in the Dáil earlier during parliamentary questions that there seems to be no sanction for people who engage in a process to scam people, fraudulently secure money by false means, present false evidence to courts, lie under oath or view the system as an opportunity for scams. In my role as spokesperson in this area, I will seek to ensure measures are put forward that oblige the Judiciary, the prosecution services and the investigative services to be as hard as possible on persons who are non-co-operative or who use the system in an abusive way to secure funds through fraudulent means or the pretence of being injured. That is the purpose of the amendment but if the Minister can convince me otherwise, I will revisit it.