Kathleen O'Meara (Labour)

I move amendment No. 13:

In page 8, subsection (2), to delete lines 26 to 29, and substitute "may deduct from any costs payable to the plaintiff such amount, if any, of additional costs as has been incurred by the late service or non-service of a letter of claim.".

This amendment refers also to section 7 and relates to the discussion we had. The purpose of the amendment is to make the deterrent as to costs more realistic. The Minister already referred to the issue of the deterrent as to costs. It is unrealistic to suggest that a plaintiff should not be entitled to any costs simply because they failed to issue a letter within the two month period. A fairer provision would be that they should be at risk of losing any additional amount of costs incurred as a result of the late service of the letter.