Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I will reply to the point Deputy Carthy made about section 8. It got some publicity as well around the fact that it was suggested I had deliberately changed the provisions of section 8 to suit myself, or for some purpose that was not in the public interest. As Deputy Carthy knows, that is not correct because he was here on 2 August last year when the Bill was introduced and there has been no change to section 8 since then.

I am happy to sit down with retailers. This is a very powerful defence but like any defence, it has to be used.

There is no point in the Oireachtas drafting defences, putting them into legislation and enacting them if people for whose benefit they have been enacted decide not to use them and take the easy option out by saying they have been advised that they should just pay over €5,000 to see off a claim. They should fight claims. Part of the reason claims are encouraged is when a tendency develops not to contest claims. If people contest claims that are not valid, then the message will go out to litigants that there is no point in taking those claims because defendants have the statutory power to stand up to them. People need to avail of the statutory power that, ultimately, we are going to give them. I am happy to discuss it with any retailers.

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