Seanad debates
Thursday, 3 June 2004
Civil Liability and Courts Bill 2004: Committee Stage (Resumed).
12:00 pm
Michael McDowell (Dublin South East, Progressive Democrats)
Disability in this context is not similar to disability in other contexts. It has a specific meaning in limitation law, which includes that "he or she is an infant, he or she is of unsound mind, he or she is a convict subject to the Forfeiture Act or that he or she is a victim of sexual abuse suffering from consequential psychological injury". If somebody suffered from a profound psychological condition, which made it impossible for him or her to address the case or give instructions, it would come under the definition of "disability". Disablement in this context means disability from functioning as a litigant and does not relate solely to physical disabilities. I am grateful to the Senator for raising the issue but I assure the House the colloquially accepted meaning of "disability" does not apply.
Amendment, by leave, withdrawn.
Amendments Nos. 7 and 8 not moved.
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