Sheila Terry (Fine Gael)

I move amendment No. 28:

In page 37, line 34, to delete "if it thinks fit" and substitute "where it is just and equitable to do so".

Section 52 gives much power to the discretion of the court and enables different judges to take different attitudes to similar circumstances. The proposed wording of amendment No. 28 will help to create binding precedent in common law. The proposed wording of amendment No. 29, "as is just and equitable", would also create some certainty in future decisions.