Alice-Mary Higgins (Independent) | Oireachtas source

I welcome both Ministers to the House. Both of them have had very constructive engagement with the House. I realise it is probably in the spirit of constructive engagement that they are accommodating the joining together of two issues in this Bill but I echo what Senator Bacik said. It is a concern and something we want to guard against in legislation. We have a strong tradition of having direct purpose, focused legislation where the policy goal and intent is very clear. We do not go the route we have seen, for example, in the US where gun laws are tied up with food stamps and educational provision or create a dynamic where we almost have hostages to fortune in that something one loves and something one does not like are tied in together. That might not be the case in this instance but it is important that we try to avoid that practice as much as possible.

That said, I recognise that the amendments are looking to address an issue. I will not oppose these amendments but I have some concerns. I believe there may be an opportunity in the Dáil to tease these out in further detail but I have concerns in respect of injuries. Wearing the hat of my membership of the Joint Committee on Disability Matters, for example, I am very aware that while there have been cases of the abuse of injuries actions and inappropriate awards, there have also been cases where people received very low injuries awards and felt the cost of an injury or a disability they have acquired for decades of their lives. I always express a note of caution in terms of some of the narrative we see in respect of personal injuries. It is very important that care is taken to make sure that is addressed properly.

The amendment I welcome most is No. 3, which gives the Minister for Justice discretion in terms of the commencement date. I urge her to ensure Part 9 is not commenced until we have had a clear signal and message from the insurance industry that it also intends to adjust its costs. We have heard worrying messages to the effect that it is glad we are looking at personal injuries but that it will take a long time for that to filter through. What Senator Bacik described as a quid pro quois very important. We must see clear signals of intent, particularly when we look to injuries associated with car accidents, for example. We know that there is less car usage. This year, due to Covid-19, that has reduced the number of claims that may have been made in a typical year for, say, workplace or road traffic accident injuries. There are always variables at play but it is important that the industry shows it is willing to make changes and shift the practice in this area.I urge the Minister to make the best possible use of amendment No. 3 by making it clear that the Minister will not be commencing Part 9 until we see something more in the response from the relevant companies.

I am sure that others will also get a chance to tease these out and perhaps deal with amendments Nos. 5 and 6 in somewhat more detail in the Dáil debate.