Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the amendments. Reference was made to the importance of this Bill and its urgency. As I said at the outset, it is a comprehensive Bill dealing with the reform of law that has remained unreformed since the foundation of the State but, during the course of debate on the Bill, it was decided that the issue of personal injuries might be addressed. I very much appreciate the purpose of amendments Nos. 1 to 4, which is to ensure that some of the matters contained in the Bill can be addressed more expeditiously following the setting up of the council. The amendments introduced by the Government in the Seanad were intended to alleviate some of the pressures that might arise if all the committees under the new regime were required to be set up within the same short timeframe. I recognise that, in the case of committees where lay membership is an issue, there was the need to ensure there would be sufficient time to allow for the putting in place of the appropriate individuals.

Amendments Nos. 2 and 3, in the name of Deputy O’Callaghan, would mean both the studies committee and personal injuries guidelines committee would be required to meet not later than three months after the first meeting of the council.

The provision in the Bill is for the committee to meet not later than six months after the first meeting of the council. Having listened to Deputy O'Callaghan and given the matter some consideration, I accept that there is merit in what is proposed. Accordingly, I am in a position to accept amendments Nos. 2 and 3. However, I want to acknowledge some difficulties regarding amendments Nos. 1 and 4. I ask Deputy O'Callaghan not to press these amendments or divide the House.

Amendment No. 1 may give rise to practical difficulties depending on the timing of submission of the guidelines concerning additional conduct and ethics. This is because the adoption of the guidelines is a reserved function of the council and cannot be delegated to the board. The current provision gives some flexibility as to the timing of the council's meetings, which, having regard to the fact that involve all members of the Judiciary, will take place on a once-a-year basis only. The period of 12 months from the submission of the guidelines is the outermost time limit for adoption. There is nothing which precludes earlier adoption, if that is feasible.

Amendment No. 4 would impose a significant burden on the guidelines committee, which would have just six months within which to conclude its work. The matters to be taken into account by the committee are broader, in terms of criteria, than those which currently inform the book of quantum and they will require some research. It is important to take the opportunity to establish guidelines that are fit for purpose and that will inform the level of damages awarded by the courts into the future. I acknowledge what Deputy Heydon stated in respect of the importance of these issues.

I am prepared to accept amendment Nos. 2 and 3. There are some issues regarding amendment Nos. 1 and 4. However, the clear message from the debate is such that all those involved need to act with some haste.

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