Derek McDowell (Labour)

I move amendment No. 27:

In page 27, after line 44, to insert the following new subsection:

"(4) Where a claimant or his or her solicitor disputes the amount of fees and expenses specified in a statement under this section, that amount may be the subject of review by the person or authority which would have jurisdiction to review the fees and expenses had they been incurred in proceedings to recover damages amounting to the value of the assessment.".

This amendment allows me to tease out the issue of costs which the Minister envisages will be recoverable under the section. Section 44 deals with expenses incurred by the claimant in preparing the claim and it envisages that costs will be awarded. My amendment specifically seeks to create a review mechanism where that is not agreed. I am more interested in the Minister's view about what expenses will be allowed in the first instance. Does she envisage, for example, that legal expenses incurred before the claim was submitted will be allowable? If someone gets the assistance of a union representative or agent of any kind in preparing a claim or the additional letter of claim, will that be allowable? What expenses does the board have discretion to award to a claimant?