Paul Coghlan (Fine Gael)

I understand Senator Quinn's very good intentions but I must strongly oppose amendment No. 6 which proposes:

(12) The decision of the adjudicator shall not be binding if the payment dispute is referred to arbitration or proceedings are otherwise initiated in relation to the decision unless the parties agree to accept the decision as finally determining the payment dispute.

This is wrong, in my view. I know that Senator Quinn tried to copy best practice as prevails in Britain and this is certainly not what was intended there nor what was achieved there, as I understand it. This provision will starve sub-contractors of cash flow by sending them into a two to three-year arbitration process and delay. It is contrary to what Senator Quinn intended. I oppose that section for those reasons as it cuts totally against Senator Quinn's intention, as I understand it. I ask Senator Quinn to elaborate or to comment further. I believe my interpretation is correct and if I am wrong I ask him to enlighten us further.