Michael McDowell (Dublin South East, Progressive Democrats)

Regarding amendment No. 25, I do not imagine that many plaintiffs who are not obliged to lodge an affidavit at present would decide to do so and I am not clear why the proposed amendment should apply to plaintiffs. Why should defendants not be able to lodge voluntary affidavits? The wording is not consistent with the rest of the section, which refers to "swearing" rather than "filing" an affidavit. Therefore, I do not propose to accept the amendment.

I believe 21 days is an appropriate period and, therefore, I do not intend to accept amendment No. 26. My aim is that the very significant new requirement to swear verifying affidavits should apply to the greatest extent possible to cases pending when the section comes into force.