Seanad debates

Thursday, 8 July 2004

Civil Liability and Courts Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages.

 

11:00 am

Kathleen O'Meara (Labour)

I thank the Minister of State and his officials for the exceptional work done on this legislation. In my seven years in the Seanad it has been one of the most satisfactory debates because of the attitude adopted by the Minister of State. He has been open and has listened to what all Members had to say. In particular, he was prepared to accept amendments to the Bill. In that regard, one must note the Minister of State's acceptance of a key amendment to the original published legislation, the effect of which is to reduce from three years to two years the limitation period for the taking of cases. In doing so, he has shown himself to be fair-minded and an excellent legislator.

I have a sense that the news has not spread of what is contained in this legislation. Only this week I heard a radio report on the Neary case in Drogheda. A strong impression was given that this legislation would potentially prevent women who had been injured due to medical negligence from taking cases a few years later. My understanding from our debate on the legislation is that the date it will apply from is the date of knowledge of the injury. It is important the reality that is contained in the legislation is put into the public domain, otherwise there will be a degree of concern and unnecessary apprehension about people's rights.

I hope we have retained sufficient rights in regard to genuine — a word I use advisedly — victims. We have had considerable discussion about that. Undoubtedly there are genuine victims of negligence and of accidents who have a right to compensation and to take a case to court. It is not our objective to prevent that from happening. However, it is our objective to ensure that the framework will be fair, effective, speedy and will act as a deterrent against the compensation culture, which has developed in certain sectors in this society and which has an economic effect.

I commend the Minister of State and his officials on the work they have done on this Bill. It is a fine and necessary piece of reforming legislation. I hope it will work. We will only learn that by observing its operation. It may be necessary to revisit the legislation in years to come, but the work done in this House and in the other House has led to important and significant reform in the area of civil liability.

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