Michael McDowell (Dublin South East, Progressive Democrats)

Such particulars can be sought under the existing rules of court. However, in very many cases, it is difficult for a defendant to particularise a claim of negligence on the part of a plaintiff. If, for instance, an employee puts his hand into a machine, the defendant, the employer, may say that he was guilty of negligence. However, if one asks him to say exactly why the employee was negligent in putting his hand into the machine, suddenly there is an almost philosophical problem from the defendant's point of view. He was not there, did not see what happened, and does not know precisely why the employee was negligent, but his hand went into the machine. That is how things happen. I will re-examine the issue to see if I am being guilty of unfair discrimination in that regard, but my current temptation is to take the view that, in the rules of every court, there is a procedure sufficient to allow particulars to be obtained by the defendant where necessary and where it is reasonable to expect the defendant to have them.