Michael McDowell (Dublin South East, Progressive Democrats)

One might go to the High Court to get around the problems created by the proposal.

It is relevant to point out that this Bill was published in discharge of the Government's decision to accept the MIAB report, which set out a substantial menu of proposed reforms. One of the proposed reforms involved the reduction of the limitation period and another related to the introduction of the letter of claim, provided for in section 7. The two issues are entirely separate. We need to sift out the cases, such as that referred to by Senator Walsh, in which a person announces that he twisted his ankle two years earlier when he stood in a pothole on Main Street in New Ross or somewhere else. In such cases nobody can contradict the person making the claim because it is far too late to investigate the circumstances. Such cases are addressed by the letter of claim provision. Although the provision does not provide for an absolute limitation period, it ensures that the lawyers involved in a late claim will find themselves at a serious disadvantage. It is a relevant consideration.

I am sympathetic to Senator Terry's argument. I cannot simply accept her amendment on my feet, however, without reverting to my Government colleagues on the issue. I am sympathetic to Senator Terry's approach because certainty is of great importance in this matter. I admit that I contemplated allowing the Oireachtas to fix the claim period on a transitional basis, before moving it. The question of certainty is hugely important, however. The limitation periods we provide for are probably better set as a matter of law. They should not be variable by some resolution of the Oireachtas to delay the implementation of something. I am sympathetic to the proposal, as I have said, and I am grateful to Senators for their reasonable approach to the issue.

I am still of the view that three years is too long a period. If one examines all the cases, one could make an argument for five years on the basis that a period of three years puts pressure on people to arrive at various decisions etc. We have to strike a balance in that regard. I am worried that the proportionality of the one-year period is a serious issue. The last thing any of us, particularly myself, would like to achieve is to end up in the Supreme Court in a couple of years to be told thismeasure constitutes a disproportionate and unconstitutional limitation of the right of action.

I ask Senator Terry not to pursue her amendment on this occasion, but to hold it back until Report Stage, when I will accept it if I am so minded and if my Government colleagues think it is appropriate to do so. Alternatively, I will table an amendment in my name to achieve the same result.

Progress reported; Committee to sit again.