Mary Harney (Dublin Mid West, Progressive Democrats)

We need to give discretion to the board. What may be declined in the first few months of the existence of the board may be something the board is capable of handling in time. We are talking about unusual cases where perhaps the medical evidence is uncertain. The Senator said that there is not much case history available. That will change over time. What may be unsuitable for the board in its infancy, either because the law in the area is not well developed or medical evidence is not clear – matters which are more appropriately dealt with in a court scenario – could change over the first couple of years of the board's existence. There is rapid change in this area. The most effective way to facilitate the changes that happen in this area is to give the discretion to the board. That is fair and reasonable. The board will not take on work it cannot deal with fairly.