Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I move amendment No. 17:

In page 11, between lines 20 and 21, to insert the following: “Liability for loss occurring before dissolution day

15. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the dissolution day, of a function of the Chief Deciding Officer transferred by section 14shall, on and after that day, lie against the Minister and not against the Chief Deciding Officer.

(2) Any legal proceedings pending immediately before the dissolution day to which the Chief Deciding Officer is a party, that relate to a function of the Chief Deciding Officer transferred by section 14, shall, on and after that day, be continued with the substitution in the proceedings of the Minister for the Chief Deciding Officer.

(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1)relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, on and after the dissolution day, in so far as they are enforceable against the Chief Deciding Officer, be enforceable against the Minister and not the Chief Deciding Officer.

(4) Any claim made or proper to be made by the Chief Deciding Officer in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, on and after that day, where the claim relates to a function of the Chief Deciding Officer transferred by section 14, be regarded as having been made by or proper to be made by the Minister and may be pursued and sued for by the Minister as if the loss or injury had been suffered by the Minister.”.

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