Liam Twomey (Fine Gael)

I fully support everything Senator O'Toole has said. As regards the courts this, in effect, is litigation lotto where the judge is being asked to play the role of God in deciding how long somebody might live and what his or her quality of life will be in ten or 20 years' time, which is impossible. If the judge errs on the side of the victim, he or she will be granting a large payment. Conversely, he or she may not grant sufficient moneys as might be expected to fund the life of the victim. What Senator O'Toole is saying is perfectly reasonable.

The courts can give a judgement that so much money is to be paid out annually and this can be linked to inflation to provide for any additional costs for the person involved. There is always the opportunity for the person concerned to go back to the courts if he or she believes the moneys are insufficient, in the same way as someone who might be granted a divorce can return to the courts and seek a higher settlement in, say, five years' time if the former spouse has made a great deal of money in the meantime. I do not believe this is impossible and it would certainly improve matters because some individuals who have received large pay-outs have spent the money inappropriately and have been forced to fall back on the State in any event for their continued care. What is being proposed is sensible and should have been done this years ago.