Dáil debates

Thursday, 10 September 2020

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Legislative Briefings

10:50 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I stand over my decision to include this in the Bill. This question was asked of me at the time and I stood over my decision then. The aim of this particular section is to make our legal systems and courts more efficient and accessible. The reason for its introduction is that, in the majority of cases and in the absence of legislative reform, litigants may agree to admit business records without requiring each one to be formally provided in court by a witness to avoid unnecessary costs and delays in court. In a minority of cases, certain litigants may insist on proof of each and every document, notwithstanding that there is no question or doubt as to the authenticity of the documents concerned. This is not in the interests of justice. These cases have posed increasing difficulties for our courts in recent years and highlight the need for statutory intervention.

At the time, it was suggested that I or my Department had been lobbied by various vulture funds. I can categorically say that no vulture fund, bank or anybody else contacted me, my Department or the Office of the Attorney General, which worked with us on this legislation. There were also suggestions regarding a particular case, Promontoria (Aran) Limited v.Burns. What happened in that case is that an application was made to interpret the law as it currently stands with regard to the admissibility of business records in civil cases. Both judgments delivered by the court were clear that this area of the law needed to change. This is why the measure was introduced and the reason I accepted it and passed it through. There was no intention to mislead anybody in the Dáil or any other intention.

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