Mr. Séamus Clarke:

Regarding compensation being capped at €13,000, that is for the new non-traditional categories of persons who are now being encompassed in the legislative scheme, including shareholders, people who have applied for jobs and board members. They are the only ones to have their compensation capped.

I suppose that is a proportionate response to the fact their damages would not seem to be as weighty as another person who was in employment because maybe they are a job applicant, for example. I suppose it is a proportionate response to try to match the balance that is there between employers and employees. The judge could be the ultimate decider of a cap on the merits of a case before the court, but it is a legislative choice for the Oireachtas to decide what cap is relevant in the circumstances.