Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

The only way of absolutely removing discretion from the Judiciary, however, is by constitutional amendment, and that is an issue. Some people might agree with doing that, but others might cite the example the Deputy gave at the beginning of a catastrophic case in which it is estimated that a person might live for 50 years when an award is being settled, but it might turn out that he or she lives for 70 years. Setting awards in catastrophic injury cases is a difficult issue to resolve. We cannot have caps for 99% of the cases and then an exception for the other 1%. It would be difficult to do, but the constitutional amendment aspect is something that can still be looked at.