Seanad debates

Thursday, 28 March 2019

Civil Liability (Capping of General Damages Bill) 2019: Second Stage

 

10:30 am

Photo of Lorraine Clifford LeeLorraine Clifford Lee (Fianna Fail) | Oireachtas source

I have listened to what Senators Lawlor and Conway have said and I agree with their sentiments. I hear all the time from people who are facing significant premiums for their businesses or their own cars. It is outrageous. However, the Bill does not represent the way to go in this regard. It is probably unconstitutional. Perhaps the Minister can tell us whether the Attorney General has looked over it. If not, why not? If the Attorney General has not given the green light to this Bill, why are we debating it? I am highly dubious that this Bill would get the green light by him. It is curious that we are wasting time debating this Bill when we could take measures that would help to tackle the high premiums people are facing.

Senators Lawlor and Conway referred to fraudulent and exaggerated claims. The way to tackle this issue is to have a dedicated Garda fraud unit. We all know of fraudulent claims that are being thrown out of the courts but are not being tackled thereafter. Why are these criminal matters not being systematically reported to the Garda and investigated? People are chancing their arms because they know there are no consequences. This is a very real issue.

If this Bill had been introduced by Fianna Fáil Senators, we would have been accused by those on the Government benches of being populist and irresponsible. Instead, this irresponsible and populist Bill is being introduced by the Government. I am completely baffled about that. Fianna Fáil genuinely wants to tackle high premium costs. We have been to the fore in tackling high insurance premiums.

The fact of the matter is that people who are involved in accidents deserve to be compensated fairly for any injuries they incur. If we scare people away from the courts and blacken the name of everybody who brings a personal injuries claim, we will not serve the cause of ordinary people who are injured through no fault of their own and deserve proper compensation. The PIC has recommended that when the judicial council is established, the Minister for Justice and Equality should ask it to compile guidelines for appropriate general damages for various types of personal injuries. It is completely outrageous to think that the Legislature could put a cap on general damages. It is a bonkers Bill, to be honest. It is populist. I know it will get Senator Lawlor the local headlines he is looking for.

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