Oireachtas Joint and Select Committees

Tuesday, 4 December 2018

Select Committee on Jobs, Enterprise and Innovation

Personal Injuries Assessment Board (Amendment) (No.2) Bill 2018: Committee Stage

6:40 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I asked a question in the Dáil earlier about the Minister of State, Deputy D'Arcy's, proposals to bring forward next year a constitutional referendum to allow for a cap on awards. It gives an indication that this Government is not always in favour of the autonomy and independence of the Judiciary. I am not trying to hamstring the Judiciary into having to do something but rather ensure it must, at the least, take into account the non-co-operation of a claimant, which is the purpose of the amendment.

The Minister said it runs contrary to the advice of the Attorney General because it would be in breach of the separation of powers, a principle I support, although the Minister of State may not. I will, therefore, withdraw the amendment, reserving my entitlement to reintroduce it on Report Stage.

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