Noel Treacy (Galway East, Fianna Fail)

Let me put these three amendments in context and state why they are before the House. They are all similar because they are based on the 1996 Act. Section 7 of this Bill is based on section 18 of the Air Navigation and Transport Act 1936 which has been amended several times, most recently by the Civil Liability (Amendment) Act 1996. Due to an oversight the text of this Bill as initiated did not include the changes made in 1996 and in section 7(4)(g) set a lower limit for damages for mental distress than is named in the Civil Liability Act. Three amendments are now proposed to section 7 to ensure it fully reflects the current position. Amendments Nos. 1 and 3 insert the changes introduced by the 1996 Act for the definition of dependants and takes account of marriages that are dissolved. Amendment No. 2 creates a link to the Civil Liability Act on the limit on damages for mental distress. This will ensure the limit of £20,000, or just over €25,000 in the Civil Liability Act, will apply and that any adjustments to that amount by the Minister for Justice, Equality and Law Reform will also automatically apply without the need for future amendments to the Air Navigation and Transport (International Conventions) Act.

Amendment No. 1 includes in the Bill provisions inserted into section 18 of the Air Navigation and Transport Act 1936 by section 4(1)(a) of the Civil Liability (Amendment) Act 1996 and I place this before the House for its acceptance.