Noel Treacy (Galway East, Fianna Fail)

I thank both Senators for their questions. In response to Senator Browne, the question of annulments is a matter for the Civil Liability Acts which fall within the remit of the Minister for Justice, Equality and Law Reform. Technically, annulments may not be recognised but depending on the documentation, it may be the case that a person has an annulled marriage and may be remarried. The Minister for Justice, Equality and Law Reform would have to adjudicate on that situation and the Department of Transport or the courts would accept that interpretation of the documentation, or a decision made by the Minister for Justice, Equality and Law Reform. It is somewhat complicated and can be vague because individual situations are very complex and while they may have much in common there may also be great differences between them so that finally each case must be judged on its individual merits.

In response to Senator Dooley, liability exists for normal damages such as loss of income. The only upper limit applies to mental distress. One can have a claim and liability accepted for normal damages such as loss of income and injury on which there is no limit, depending on the situation. There is a de facto upper limit for mental distress beyond which one cannot go. That is why this provision is included in the Bill. We want to ensure this legislation is compatible with existing legislation in this area.