Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the co-operation of Seanadóirí, particularly their engagement earlier in the debate. It is important that we re-emphasise the reasons this Bill was introduced. The courts award damages for personal injuries to try to ensure the injured party is put in the same position as he or she would have been in if he or she had not sustained the wrong for which he or she received compensation. At present, damages for personal injuries in catastrophic cases are paid by way of a lump sum. The Working Group on Medical Negligence and Periodic Payments identified deficiencies in the lump sum system as it applies to persons who have suffered an injury that might be described as catastrophic. In this regard, the group recommended that, to address those deficiencies, legislation should be introduced to enable the courts to award damages in catastrophic cases by means of periodic payments. The Civil Liability (Amendment) Bill 2017 seeks to address the issues raised by the working group.

Although the Bill is short, its provisions are somewhat complex. The Bill grants courts the power to make periodic payment orders in cases of catastrophic injury, provides that payments under periodic payment orders are secure and will last for the lifetime of the injured party, provides that payments will be indexed initially in line with the HICP, provides for a review of the index after a five-year period, provides for the treatment of periodic payments in bankruptcy, and provides for the treatment of periodic payments for income tax purposes. The Bill also contains detailed provisions on the issue of open disclosure of patient safety incidents.

Unfortunately, things sometimes can and do go wrong in health care. I believe that we all share the view that when this happens, patients should feel supported by the health system and should at all times be given appropriate and proper information. The open disclosure provisions in the Bill will go some way to ensuring that a culture of safety and openness is firmly rooted in our health service and that the health service can learn from mistakes to make the service far more safe for patients.

This Bill, which allows the courts the power to award periodic payments in cases of catastrophic injury, is extremely important. It will ensure that people who have been catastrophically injured will receive the care and assistance they require during the course of their lives. I thank the Seanadóirí for their input on this important legislation.