Micheál Martin (Cork South Central, Fianna Fail)

I will come to that shortly. The estimated number of personal injury cases in the Circuit Court has fallen from 20,000 in 2004 to 5,000 in 2006. Monthly insurance cost indices produced by the Central Statistics Office show that the cost of consumers' motor insurance is now at May 1997 levels, a matter I dealt with in my closing speech on Second Stage.

Deputy Lynch referred to the numbers going to the courts. The point is that a case does not have to go to court. However, there is a difficulty. It has become known throughout the solicitors' profession that if a claimant rejects the assessment made by the board, the respondent is likely to offer, tender or lodge the same amount of the assessment when proceedings are issued. If the assessed figure is accepted at that stage, the plaintiff is entitled to have his or her costs. This in effect means the primary purpose of the 2003 Act is thwarted. Proceedings are instituted and legal costs are being needlessly incurred, and a coach and four may be driven through the legislation. This is what has opened up.

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