Micheál Martin (Cork South-Central, Fianna Fail)

It is intriguing how the Deputy presents the case. In one sentence he says that the Government is going to jack up insurance awards and in another sentence he says that we are dithering. He is apparently urging us to bring clarity but I do not think he is urging us to bring clarity. I think he is urging us to fulfil maybe entirely the implications of the Act so that he can then start attacking the Government for political reasons. The reality is that the Oireachtas has created this situation. The Oireachtas provided the Judicial Council with the powers to propose amendments to the personal injuries guidelines in 2019. Those provisions were introduced by the then Minister for Justice, Charlie Flanagan, and were supported by all parties at the time, including Sinn Féin, the Deputy's party and the Labour Party. It had a torturous progression and then, as the Deputy may recall, the Supreme Court became involved through the Delaney v. The Personal Injuries Board and Ors case. The court essentially said, in the context of the separation of powers, that it had to come back to the Oireachtas. If the guidelines recommended by the Judicial Council were to have effect, they would have to be affirmatively passed by the Dáil.

Again, for the interests of the public watching in, this is not something that the Government is bringing to the Dáil to jack up prices. It is unusual to frame it that way, to say it lightly, because the Supreme Court took a decision. It was a four to three majority ruling, which was tight, by the Supreme Court. I observe the separation of powers absolutely and believe in it.

Let us have a bit of realism and clarity about the debate. For me, there is a need for a review of the Judicial Council Act 2019 and the Minister for justice has committed to reviewing that Act. The Minister will also bring a memo to Government which will lay the guidelines before the Houses but he will not be bringing a resolution seeking their approval. The Deputy should not believe everything he reads in the newspapers.

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