Seanad debates

Tuesday, 15 June 2004

Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages.

 

3:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

The reason I do not agree is that the right to interest is not a constitutional right. In these circumstances, the obligation to pay interest on an unascertained sum of costs is penal. The defendant does not know how much he or she owes until the proceedings are over and he or she is then asked to pay a sum of money on the basis of a judgment that is given at a later stage. That is not fair. This provision should apply to pending proceedings also. We want this new regime to apply from the moment the Bill becomes law.

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