James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 32:

In page 10, between lines 21 and 22, to insert the following: “Amendment of section 17 of Act of 2004

13. Section 17(2) of the Act of 2004 is amended by the substitution of “Subject to subsection (6A), the” for “The”.”.

These amendments relate to pre-action offers to settle clinical negligence claims. The term "offer to settle" is defined as an offer made by a party to a clinical negligence action to settle the claim to which the action relates in accordance with the pre-action protocol.

The new section 17A will, when brought into operation, replace the current section 17A which was inserted in the 2004 Act by the Legal Service Regulation Act 2015.

The overall effect of the amendment is to allow the pre-action protocol to be developed to address the particular nature of settlements in respect of clinical negligence cases. Preparatory work for the introduction of a pre-action protocol for clinical negligence actions is ongoing in the Department and the Office of the Attorney General. In effect, this amendment allows the pre-action protocols to be developed to address the particular nature of settlements in relation to clinical negligent cases which have been giving difficulty to date.