Mary Henry (Independent)

I am opposed to the entire section. However, perhaps the Minister will accept Senator Terry's amendments and I can withdraw that opposition. He has support from everyone in the House in terms of trying to deal with the fact that people put forward exaggerated, whatever about fraudulent, claims. In my profession as a doctor I have said to people, "I am not a lawyer and I hope you will not be relying on what I can do for you in the courts". It is a fact that people bring forward exaggerated claims.

This section could gravely discriminate against people who have been seriously injured and who, by the end of a year, would still be in no position to submit claims. Senator Norris referred to a letter from the Law Society which some other Members also received. I received a letter from Cheshire Ireland which is extremely concerned about this situation. Cheshire Ireland points out that it cares for adults, some of whom were involved in serious accidents, who have significant physical disabilities. The letter also states that frequently people who have suffered grave injuries and have been hospitalised or institutionalised for a significant period are neither physically ready nor in the frame of mind to consider pursuing a personal injuries claim until they have made as full a recovery as they are going to. It further states that in some instances their injuries have not resulted in a diminished mental incapacity but that they are severe in physical terms. It goes on to point out that Cheshire Ireland would be concerned that by obliging these people to take personal injuries cases within 12 months of the date accidents, they will be facing an onerous and exacting requirement with which many of them would be unable and unwilling to deal. I am sure the Minister does not want to see people in such circumstances penalised because the period in which claims can be made is being reduced to one year.

I am also concerned about the fact that this section covers medical negligence claims which are not covered by the Personal Injuries Assessment Board. In my opinion, and that of colleagues in the medical profession by whom I have been contacted, this may lead to an increase rather than a decrease in the number of medical negligence claims. A year is a short period for people to recover, in some instances, from operations or injuries. I suggest that we should not reduce the period to one year because people who have had serious accidents and suffered terrible injuries will be penalised. There are people who might submit claims because they believe they will recover quite well but who will decide to do so because they will believe that if they do not do so, they might run out of time.