Kathleen O'Meara (Labour)

I move amendment No. 48:

In page 24, subsection (3), lines 4 and 5, to delete all words from and including ", and" in line 4 down to and including "commencement" in line 5.

This amendment deals with the issue of interest on costs, charges and expenses associated with certain judgments, orders and decrees. The reason we have tabled this amendment is that the section as it stands could constitute an injustice against plaintiffs. It deprives plaintiffs of an entitlement to interest until such time as the taxation process is complete. The result of this is to favour defendants and there is no good reason for this position. I am not a lawyer, but the advice I have received is that this could be an unconstitutional interference with property rights and possibly even rights under Protocol No. 1 of the European Convention on Human Rights.

The Law Society points out that if this provision is enacted, defendants will have no incentive to encourage the taxation process. I know the Minister is anxious to ensure that the entire process of civil liability is speeded up but this provision may result in the taxation process being dragged out for months or even years. If a plaintiff is successful he could end up significantly out of pocket because he will not be entitled to any interest until the process is complete. This amendment is designed to make sure this does not happen. I hope the Minister will agree that the section as drafted could result in a considerable degree of unfairness to plaintiffs who are successful in their claims.