Joe O'Toole (Independent)

I have no doubt the Minister of State is correct. It is very difficult to go to an adjudicator and expect his or her decision to be completely binding at all times. The adjudicator could make a mistake in some cases and this must be allowed for. I agree with the point that the process should be quick and this would be the most attractive option but I do not think it can be done as simply as that. I refer to the question of public contracts and in-built arbitration options which will not be changed by this Bill. I remind the House that adjudicators can make mistakes and we must avoid being hide-bound and being unable to change a decision.

I suggest two actions that could be taken. The agreement to accept the decision of the adjudicator as binding could be the default position at the beginning of the process with parties being allowed to opt out. The second option is that a timeline should be imposed on the arbitration procedure in order for a speedy resolution. We cannot change what is the law in other places in this regard. We have to live with Senator Quinn's amendment. Everyone is agreed on the outcome and it is a case of finding a way to achieve it.