Alan Kelly (Tipperary, Labour) | Oireachtas source

The word “waiver” needs to go. It is the wrong word. It has different implications than what the Minister intends. I say that genuinely. It has been raised with me, as it has with Deputy Donnelly and other Members. It is a deep concern. I have read this provision numerous times and I get different interpretations. On several occasions, the Minister stated that the High Court and the tribunal can make judgments based on the likelihood of a recurrence happening. I am not trying to be argumentative but that is totally different to a woman being told a year later that she, unfortunately, has terminal cancer. The judge in any tribunal or in any High Court cannot predict or play God. I know why the Minister keeps repeating it. I know the way the High Court works and it will be prescribed with this Bill. I know how it elevates and estimates for the future as to what can happen. In this scenario, that does not work, however. It cannot apply because, once a woman gets an award, that is it. If a woman gets terminal cancer subsequently, she will not be able to seek compensation. That is it.

The Minister has repeated about being able to prescribe for the future and estimate. It does not take into account the fact that the judge - I would not expect him or her to - would be in a position to be able to make an award for something he or she can never know will happen. That is why I am so passionate about changing this measure.

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