Réada Cronin (Kildare North, Sinn Fein) | Oireachtas source

I am happy to speak on this stage of the Bill and thank everybody who has worked on it so far. As the House will be aware, my party works all the time to support and strengthen the rights of citizens with regard to institutional, corporate or Government bodies where the balance of power and, therefore, the balance of financial and professional resources is automatically not in their favour. One of the reasons we have continually advocated for the powers of PIAB to be strengthened is that, in doing so, it will reduce the legal costs involved in claims settlements. When it comes to personal injuries actions, how many times do we hear in conversation that the lawyers are laughing all the way to the bank, and when they are not laughing, they are counting? While I am in favour of all work being paid well for a job well done, we are equally aware of the need to reduce legal fees where possible, particularly when there is a cost to the citizen and to the public finances, which is the result of the citizens’ hard work. That is to be used for the people's need and good. Avoiding unnecessary litigation through PIAB intervening early to facilitate early and fair agreement on both sides, so additional costs can be minimised or avoided, is something worth protecting and strengthening.

My colleagues will address other aspects of the Bill but I would like to look at the proposed mediation element of it and, if there is time, to refer to the inclusion of psychological injury. In case those in IBEC are listening, I would love to know how they think victims of domestic violence can take out their psychological injuries and show them. Before I discuss mediation, I would like to mention that I have been meeting representatives of small businesses in my constituency of Kildare North over the last couple of years. They are dealing with huge insurance costs. While some of these claims can be thrown out at the end, in the meantime their insurance costs have rocketed and it is crippling them financially, and also slowing down real injury claims for honest people. Irish people have a great sense of fair play. I believe that mediation will go a long way to resolving some of those issues.

Mediation by mutual agreement, as allowed for in the Bill, is something to be welcomed, albeit, as Deputy Louise O'Reilly said, on a qualified basis. Anyone who has had any dealings with the law, court cases or injuries claims knows how exhausting and stressful it is. I have lost count of how many times I have heard people, in particular when dealing with the State, say that all they really wanted was an apology. Institutionally, an apology can be seen as a liability and, too often, both sides feel they have to get lawyered up. Only at the end of a long, costly and destructive litigation does the State issue the apology anyway, along with the compensation which sometimes was not looked for in the first instance. If mediation allows for the State in particular to apologise as opposed to defending the indefensible in court, as it has done too often simply because it has limited public funds to do so, pushing the citizens to their limits, I am all for it once it is managed correctly. If there are any good, fair and humane mechanisms that we can use to get in early, get the two sides talking and, more importantly, get them listening to each other under an expert mediator who is trained in the law and in human need, expectation and behaviour, it is to be welcomed. It is a big “if”, but if it is managed correctly, no greater costs should accrue.

The fact that, internationally, mediation is becoming a sought-after area of specialist legal study and practice is testament to its success for both sides and for legal representatives who are not out for all-out war on behalf of their clients. If we mediate well, we can manage human situations well.

I am glad to see that the Bill seeks to extend the powers of PIAB and PIRB to assess more complex injuries that would include psychological injury.

There is less humanity in this approach, given that the worst and deepest injuries can sometimes be the ones we cannot see. IBEC should remember that. Litigation can be psychologically damaging and, therefore, any decent method of addressing injury through this process is to be welcomed.

As Deputies O'Reilly and Quinlivan have stated, our support is qualified and we will table amendments on Committee Stage. The mediation process must demonstrably reduce costs. Some fear that this additional layer could create extra delays and costs within the PIAB process once the mediation segment is factored in. Were that to happen, it would be the polar opposite of the Bill's purpose. The Bill's provisions have excellent potential if managed correctly, but we will examine the detail of the how and the how much.

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