Martin Mansergh (Fianna Fail)

Whatever expression one chooses to use. Senator Terry's amendment raises an important point on which we would do well to reflect and there is much cogency in the argument put forward by Senator Jim Walsh that one may need a nuanced approach. While trying to deal with this we must not lose sight of the strategic function of this and other related legislation, which is to reduce the compo culture and the cost of insurance which is negatively affecting our competitiveness and the viability of jobs and enterprises, substantially in some cases.

We must bear in mind there are two categories of people, the small minority who abuse the law and the system and the vast majority who are generally reluctant to go to law if they can possibly avoid it. These do not instantly think of going to court if they hurt themselves or are injured. Going to court is a last resort for which they are reluctant to opt.

The most persuasive argument for extending the period was mentioned by Senator Norris and others. It is a pragmatic argument. Will reducing the time limit so drastically to one year act as a precautionary and pre-emptive measure or will the advice be given to people to make a claim regardless of whether they want to in case they decide to go ahead with it in the future? If that was to happen, the measure would be counter-productive and instead of reducing the number of claims it would perversely succeed in increasing them.

In some instances people are not sure they should claim. With medical conditions both we and others always live in hope that we will get better and that matters are not as serious as they feel. Unfortunately, we sometimes discover that is not the case and that an injury or condition is not as minor as we hoped. There is a prima facie case to be put and I am interested to hear what the Minister has to say in response.