David Stanton (Cork East, Fine Gael) | Oireachtas source

I am dealing with this issue on behalf of the Minister, Deputy Fitzgerald, and I again thank Deputy Jim Daly for raising it. I have taken note of the three questions he asked and will forward them on and try to get the information to the Deputy as soon as possible. I pointed out that the civil liability (amendment) Bill is currently being drafted and should make a difference, the Legal Services Regulation Act is coming into force and the mediation Bill is also being drafted.

The Deputy has made a number of points regarding the rebalancing of liability between parties, and I will bring these to the Minister's attention.

The Deputy will no doubt take note of the many initiatives in the area which I have already outlined. It is important to stress that the doctrine of the separation of powers constitutes the basic framework of the Constitution and an incursion by one arm of Government into another's area of competence and authority is not and should not be tolerated. The Deputy has agreed with this and made the point on a number of occasions. The determination of liability between the parties to an action concerning a personal injury is a matter entirely for the presiding judge and should remain the responsibility of the Judiciary. The other initiatives that are on the way should help the points the Deputy has made and we will bring his message to the Tánaiste and Government.

See this speech in context