Eugene Regan (Fine Gael)

I return to the net issue of timeliness. In section 22(1)(b), the term used is "as soon as practicable thereafter, in circumstances where the action was commenced". Section 22(1)(a) does not mention timeliness. I wonder if the insertion of the term "in a timely manner before the bringing of the action" would make that link between the mitigation and the fact that an apology was offered in a timely manner. Otherwise there is no real direction to a court to take into account the element of timing and timeliness.

We refer to timeliness in section 22(1)(b) and it seems we could usefully do likewise in the previous paragraph. I will leave that for the Minister to consider.