Mr. Peter Boland:

I gather that is being addressed by the Department of Justice and Equality. It is important to make this point and the Senator is absolutely right to raise it. What has constantly been the bulk of the issue as we see it is the level of awards made quite regularly over the past while for very minor injuries, or paracetamol injuries as they have been called. Typically, the type of case that goes to the Court of Appeal involves quite substantial injuries. I do not think anyone in this room would question the right of someone who has been seriously injured to get sufficient general damages to cover their pain and suffering. This is not the issue. The issue is at the bottom end of the scale for minor soft tissue injuries. It is important to note it is not just with regard to whiplash but extends throughout the scale. For example, if I bruise my thumb and there is no ligament damage, no breakage, a certain amount of swelling and a full recovery in a short period of time, at present the book of quantum entitles me to up to €21,200 for that injury. This is what is driving this issue from the insurer's point of view.