Joanna Tuffy (Labour)

I will raise additional points on Committee Stage. The Law Society has expressed concerns about mediation. It said that this would add additional costs to the system, as opposed to reducing costs, and would put pressure on the plaintiff to bow to the wishes of an insurance company. Pressure could be brought to bear on the plaintiff at that stage and this needs to be taken into account.

I referred earlier to the balance being tipped against the plaintiff, but there is not the same provision for defendants. In regard to the verifying affidavit, my understanding is that there are only certain circumstances where the defendant has to provide that. The defendant does not appear to have to sign an affidavit if he elects to contest a claim. He or she may make assertions and allegations including, for example, specifics of claims for negligence on the part of other parties and they do not have to provide an affidavit in that circumstance. The Minister stated that it looks to both parties; if that is the case it should be reflected in the legislation. I intend to propose an amendment to that effect on Committee Stage.

I welcome the in camera rule and request that it be introduced for child abduction cases. I do not think it is covered by the legislation and this should be considered.