Jim Walsh (Fianna Fail)

I am strongly of the view that the wording should be deleted. I fully support the fact that the court should not be able to draw any inference. Once one goes beyond that, one is asking the court to ask if the plaintiff was reasonable in withholding a response — very subjective — or whether the plaintiff felt that the denial or refutation would in itself lead to an inference being drawn. There does not have to be any reason. Why give reasons? If a person gives specific reasons, it opens up other avenues whereby the court could say he or she should have given a comment because of certain specific circumstances. If the wording in the subsection is deleted, it is clear the court can take no inference from the fact that a person does not make a comment. That is crystal clear and in my opinion that is the way it should be. I agree with the Minister and welcome that he will table an amendment on Report Stage.