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

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

The Bill was initiated in Seanad Éireann and was the subject of a number of amendments. Amendments were then made in the other House, some of which were based on discussions that had taken place in this House. It was a matter of casting those discussions into an appropriate formula that would serve as an amendment.

The part of the Bill on which most public attention has focused is Part 2, which radically changes civil liability law. The most significant amendment was that made in this House when the Minister accepted a proposal by Senator Terry to reduce the limitation period for personal injuries actions from three years to two, rather than to one, as originally proposed.

The Minister very much appreciated the assistance of Senators on this Bill. One barrister, in his memoirs, referred to the Statute of Limitations as the "Statute of Lamentations". One has to strike a balance between the interests of all the parties involved. It is important in the context of Senator O'Meara's point to stress that the sole change to the Statute of Limitations is the reduction from three years to two years in the case of a personal injury claim. We are not changing any rule or law on the discoverability of injuries or on when the cause of action accrues. These matters are dealt with elsewhere. It is important to note this because Senators might be concerned about the issue. Senator John Phelan echoed that certain changes might be more dramatic than I am suggesting, but that is not the case. The sole change is the reduction from three years to two.

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