Jim Walsh (Fianna Fail)

As Senator Terry stated, the real substance of the Bill is contained in this section. I support, to an extent, the sentiments she expressed in respect of her amendment. However, we must remind ourselves that this legislation was welcomed by everybody in the House on the basis that something simply had to be done because of the abuse of the system which has been fuelled by members of the legal profession. These individuals have cultivated a profitable industry for themselves in this area and they fought, tooth and nail, against the inclusion of many of the provisions in the Bill from the outset. Having said that, however, I have also received representations from the Law Society and I was sympathetic to some of the arguments put forward, particularly, as Senator Henry and others stated, in respect of medical claims. I refer to claims where people are incapacitated to such an extent that making claims is probably the last thing on their minds.

Most reasonable people would want to ensure that where serious injuries occur, those who suffer them would have a fair way of processing their claims and gaining proper compensation. On the other hand, we must ensure that the many claims that are made without justification will be dealt with in a much more stringent way than at present. The establishment of the PIAB is a good measure in this regard. People in the legal profession have informed me that if they make a claim on behalf of an injured person and if they can have the case heard by a certain judge, they will achieve a better outcome than if the case was heard by a different judge. Insurance companies also try to have cases heard by judges who will favour them. Such behaviour introduces an element of lottery into the system which, in my view, should not be present. The downside of this behaviour is that exorbitant insurance costs have arisen for small businesses and industries. As a result of the escalating costs relating to employers' liability and public liability insurance, people are actually operating without insurance. That is alarming for the public at large and for employees and the type of behaviour to which I refer must be arrested.

I wonder if the one size fits all approach is correct. I would be sympathetic to the Minister reconsidering this matter in terms of what might happen in certain cases where good arguments are made for genuine claims, particularly those involving serious injuries. I do not know if it is possible to distinguish between the length of time it takes for a case to be heard by the High Court, where the quantum compensation being claimed is higher, as against that which applies in the Circuit Court, where a lower figure obtains and where, as a result, smaller claims tend to be heard.

A person stoned out of his mind on drink or perhaps drugs who, when walking down the street, breaks his ankle from a fall caused by a crack in the pavement or a pothole he failed to see should not receive compensation. I am aware of instances where people of this sort have waited three years to make a claim, by which time it is impossible for the defendants to ascertain if and where the accident happened. It is, therefore, impossible for them to mount a defence. We must be careful that we do not undermine the intent and purpose behind the legislation. Perhaps we should consider whether different periods should apply in particular instances. The Law Society and various Senators have put a serious argument for extending the period beyond a year for cases of serious injury, particularly medical injury.