Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

We all accept that this is the right course of action. We must rely on the Judiciary, in line with the Personal Injuries Commission, PIC, report which stated that the Court of Appeal decisions and precedents that are in place must be considered by the committee within the judicial council. It must have regard for the levels of those awards and the levels of awards in England and Wales where analysis was done and independently verified by KPMG. It must analyse Irish awards with reference to similar awards in England and Wales. We all believe this is the correct pathway.

Plan B is as follows. The Law Reform Commission has started the process to see if the Oireachtas has the authority to cap the levels of awards. It will do its body of work and conclude it as soon as possible. It has started already which is good and welcome. I would welcome it being concluded sooner rather than later so that, if a plan B is required, this could be a part of it. If that is the case, we will know if the Oireachtas has the authority to limit the levels of award. That said, none of us knows what will happen. Deputy Pearse Doherty outlined a circumstance wherein the Judiciary says the levels of awards are fine. In that case, it will be a matter for the Oireachtas to decide if we deal with this by referendum to give the Oireachtas the authority to cap the levels of awards. If the Law Reform Commission comes back and says the Oireachtas does not have the authority to cap awards, that will require plan C.