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

In the context of discussions arising from parliamentary questions, we raised the possibility of comparing awards with those made in other common law countries. We were told at the time that the awards made in Ireland could not be compared with those made in other countries. I would like an explanation as to why we cannot benchmark the awards made in Ireland across the norms. We benchmark the cost of medicines in Ireland with the cost of the same medicines in OECD countries. In the context of personal injuries, we would want to draw a comparison of awards in Ireland with those in common law jurisdictions.

I make this point because the awards made in our nearest neighbouring country, which has a similar legal system, are much lower. For example, the award for whiplash in the UK is about £4,000 compared with a figure of €20,000. I know that we have a problem when it comes to awards vis-à-visother countries. I wonder at the reason for the great difference in the level of awards. I would like to see an explanation in the review of the book of quantum as to how a particular figure is arrived at. It is fine to publish the details as to what awards should be for various injuries, but there must be some broader assessment as to why a specific figure is arrived at as opposed to the arbitrary announcement that an amount should be paid out when a person suffers a personal injury. The people as well as the Judiciary have a difficulty with the large disparity between awards across jurisdictions.

The book of quantum will be a discretionary tool for the Judiciary. There needs to be research and analysis and a broad assessment of the figures that are awarded for specific injuries. This is an important point and goes beyond the scope of this Bill. The Judicial Council Bill 2017 is under consideration, which will in effect take its potential instructions from the Personal Injuries Assessment Board, PIAB, in terms of assessing awards. I am led to believe that PIAB will assist the Judicial Council in assessing what should be the broad benchmark. I would appreciate clarity on section 9 in respect of a benchmark which is not self-explanatory in terms of advising and helping the proposed Judicial Council