Thomas Byrne (Fianna Fail) | Oireachtas source

I will put down an amendment on Report Stage. We are creating a new tort in this section, which is positive in the context of the Bill. However, it is relatively unusual for legislation to create new torts - new rights of action in tort. Those of us who studied law will look back on ancient common law where, traditionally, torts are created. Without looking at the demerits or merits of this particular right of action in tort, there is probably an opportunity to have some mechanism to limit compensation.

Again, not to try to take away from the import of the Bill, when we create new tort, we should tread carefully because tort has been allowed to run away with itself over the years and this is a new one. I do not know the last time the Oireachtas created a new tort action rather than just replace an old one but we should tread carefully.