Brendan Howlin (Wexford, Labour) | Oireachtas source

I have considered it further. As I said on Committee Stage, I think it anomalous for me, as Minister, to issue guidelines in tort actions in this or any other Bill. The Minister for Public Expenditure and Reform, whoever that person happens to be, is not in any better position than the courts themselves, and many would argue is in a much lesser position than the courts, to decide on what the guidelines for damages for breaches of the Bill should be. This is a classic function of the courts as opposed to the Legislature. I do not believe it will add to the process for the issue of guidelines. In some instances, what are almost instructions have been given to the courts by the Oireachtas in some areas of law, but I am not sure that is a great idea. In my view, this is an issue that should be best left to the courts, which have the expertise in assessing damages and have enormous precedent available to them in that regard. The preparation of such guidelines would also, in my view, be an encroachment on the separation of powers, or could potentially be perceived as such. I have thought further on it but I consider it is wise not to accept the amendment.