Dáil debates

Tuesday, 4 December 2012

Topical Issues Debate

Periodic Payment Orders

6:00 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour) | Oireachtas source

I thank the Minister for his comprehensive reply and for taking this matter on board. I am concerned about cases where plaintiffs live for longer than expected and the imposition that would create where an award would be insufficient to meet their needs. That can put a lot of pressure on parents and others concerned.

In any such legislation, provision should be made for the appropriate indexation of periodic payments. The working group recommended that this should include the introduction of earnings and cost-related indices which would allow periodic payments to be index-linked to the level of earnings of treatment and care personnel and to changes in the cost of medical and assistive aids and appliances. That would ensure plaintiffs were able to afford the cost of treatment and care into the future.

The working group also recommended that the Central Statistics Office is uniquely qualified to compile and maintain the indices required in this regard. It is important that these matters should be taken on board. I thank for Minister for his reply. I look forward to this legislation whose passage, hopefully, will be facilitated by all parties in the House. The Judiciary has been active in this regard but quite restrained and eager that the Legislature would act in an area where long-standing recommendations have already been made. When this legislation is brought forward, it will enhance the Minister's standing by ensuring an issue of such import is accelerated through the Oireachtas.

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