Clare Daly (Dublin Fingal, Independent) | Oireachtas source

All Members want periodic payment orders which are far preferable to lump sum payments. We are trying to facilitate a move in that direction because it would presumably and I hope be more beneficial to a catastrophically injured person. It is very important that the chosen system be set up in a robust manner in order that people opt for it and will not have to rely on the lump sum payment.

I hear what the Minister of State is saying about a period of three versus five years. I would probably be less concerned if the Bill provided for an index such as that recommended by the various bodies we went to the trouble of setting up to consider the issue. I would then have been happier to leave the review period at five rather than three years because the judicial working group on medical negligence, the working group on legislation to provide for periodic payment orders, PPOs, and indications from the Department of Finance all recommended a different index from the one included in the Bill. That is regrettable, although I appreciate there will not be enough data available, but I would have been far more comforted if the recommended system were to be used and then reviewed after five years. However, I do agree and in many ways would have been pressing the second amendment had the Minister of State not agreed to it. Therefore, we have thankfully saved ourselves a vote on it. It is the more important amendment and I am glad that it is being accepted. At the end of five years I hope things will work out, although I do not know if that will be the case. I will not press amendment No. 1.

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