Noel Dempsey (Meath West, Fianna Fail)

Such a provision is contained in the Roads Acts. The Senators are having some difficulty with this clause. I was accused of dithering about it earlier by Senator Norris but he has changed his position four times since we started. There is a certain amount of confusion, largely because of the amendments. I will examine this again on Report Stage.

The provision states no action or other proceedings shall lie or be maintainable against the authority, or a subsidiary of the authority, if it fails to perform or to comply with its statutory duties. I understand the concerns expressed by Senators. If, for example, a subcontractor does bad work on a Luas line and it causes a crash, there are concerns the subcontractor could be immune from prosecution under this provision. I will clarify this on Report Stage.