Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 14:

In page 7, between lines 28 and 29, to insert the following: “(c) in section 18(5)(a), by the substitution of “within 3 years of the adoption by the Council of the guidelines first adopted by it” for “within 3 years of the first guidelines being adopted by the Council”.

Section 4 amends the Judicial Council Act 2019 and reflects changes necessitated in light of recent findings of the Supreme Court. Deputies will be aware that the Supreme Court found that the personal injury guidelines which came into force in 2021 have the force of law. It also identified a constitutional fault in the Act, and the Bill, as introduced, addresses that issue.

Briefly, there are in essence two elements of the Bill amending the 2019 Act: amendments to section 7 and the inclusion of new section 89A. Together, these rectify the deficiencies in the 2019 Act highlighted by the Supreme Court.

The amendments to section 7 of the Judicial Council Act, as inserted by section 4 of the Bill, provide for procedures relating to future amendments to the personal injuries guidelines. The procedures require that proposed amendments to the guidelines be laid before each House of the Oireachtas and should be approved by resolution of each House prior to the adoption of the amendments by the Judicial Council. The Act provides that the guidelines are to be reviewed at least once every three years. The new section 89A of the Judicial Council Act 2019, as inserted by section 4, provides that, notwithstanding any other provisions in the Act, the personal injuries guidelines adopted by the council have continued to be valid and remain so, subject to the amendments to the guidelines in due course being adopted in accordance with the new procedures introduced under the new section 7(2)(ga). Arising from ongoing consultation and further advice, the provisions of the Judicial Council Act 2019 inserted by the Bill concerning the continuing validity of the guidelines require further refinement and adjustment. This is carried through in the group of amendments Nos. 14 and 16 to 19, inclusive. These are all essentially technical and drafting amendments.

Amendment No. 18 is the key amendment in this group. It further amends the Judicial Council Act 2019 to clarify that the reference date for the continuing validity of the guidelines contained in the new section 89A is from 24 April 2021, the date on which the guidelines became operative, rather than the date of adoption by the council, which was 6 March of the same year.

All other adjustments to the text are consequential. Amendment No. 14 is a textual amendment to section 18(5)(a) of the Judicial Council Act, which removes a reference to the guidelines adopted in 2021 as being the first guidelines. This is because under the Act there will be only "the guidelines" and the amendments to those guidelines, with no other personal injuries guidelines. Therefore, the reference to first guidelines is potentially confusing. Amendments Nos. 16 and 17 are consequential drafting amendments. Amendment No. 19 carries the effect of these drafting changes into the related sections of the Judicial Council Act: section 18, which deals with the role of the personal injuries guidelines committee, section 11, which deals with the role of the board of the Judicial Council, and section 7, which deals with the role of the Judicial Council in respect of the personal injuries guidelines function.

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