Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

Section 29 provides for the subrogation of rights to the Minister for those applicants who have received a grant payment under the scheme. If a homeowner chooses to pursue a right of action in respect of the damage to their home then they are free to do so, however, the Bill must be framed so as to ensure that the grant does not operate as a form of double compensation.It is also important that section 29 is retained as it is the State stepping in on behalf of the taxpayer to ensure the litigation is appropriately managed for the benefit of the public, and this section provides for that. If the litigation is successful, then any damages awarded above the level of the grant would go to the homeowner.

All Members of the House have called for the State to take action against, and pursue, wrongdoers. To do so, it is necessary that causes of action that lie with homeowners are subrogated to the Minister. I assure Senator that the Minister, Deputy O'Brien, is taking this matter very seriously and intends to appoint an experienced senior counsel to provide advice on the options open in this regard. Therefore I do not accept this section being opposed.