Terry Leyden (Fianna Fail)

Amendment No. 1 would insert "and legal representation" and the section would then read: "Nothing in this Act is to be read as affecting the right of any person to seek legal advice and legal representation in respect of his or her relevant claim and no rule should be made under section 46 that affects that right." That would be the result of the amendment if the Government accepted it. In the other House this will be argued very forcefully and will be accepted when the Minister for Enterprise, Trade and Employment discusses this with the Minister of State. It is very clear. We will see what the other House does and when the Minister of State returns here with this amendment I will say "I told you so." He might have to amend it in other ways – if there is a challenge to this Bill in the High Court he will amend it under duress. Speaking as one who has advocated and worked with this Bill I am making a reasoned argument for amending it now.

It is quite clear in this legislation that no payment will be made to the applicant or the insurance company for any legal advice or assistance given. The person making the claim must pay his or her own solicitor which is quite reasonable. No solicitor has objected to that. It is a normal client relationship with a legal firm. To conclude, and not to labour the point, as Fianna Fáil spokesman on enterprise and trade I cannot vote for the amendment because that would not be appropriate.