Marie Louise O'Donnell (Independent) | Oireachtas source

I welcome the Minister to the House. I thank Senator Lawlor for bringing this Bill before us. I am sure he is absolutely delighted that the Seanad is still here. I remember him arguing violently and viably that it should be closed. If it had been closed, he might not have had a platform for the introduction of this legislation. I give the Bill a general welcome because I think manners, limitations and boundaries have to be put on how and when insurance payments are made and what amounts are paid. I welcome the Bill in that context. I would like to ask four simple questions about this legislation. The Minister may be able to answer them. If he cannot do so at this Stage, maybe he will be able to do so on Report Stage or whatever.

First, what is the objective of the Bill? I did not get an explanatory note with it. It does not appear that the legislation imposes any type of limitation on any type of personal injury. If I understand the Bill and have read it correctly, it envisages that the Minister will control the limits on damages paid to someone who gets a bruise - or soft tissue damage, in legal language - or to someone who ends up a quadriplegic as a result of an accident. Why does Senator Lawlor want the personal injury limits to be controlled by a Minister? Why is it better to have damages assessed by a Minister rather than a court? As we know, damages in various situations are very different depending on the elements of the injuries. The situations and circumstances can be very different on investigation.

Second, is it not the case that this legislation goes against Government policy? In January 2017, the Minister of State at the Department of Finance, Deputy D'Arcy, produced a significant report on the cost of insurance which contained a multitude of recommendations. It recommended that the Law Reform Commission should be asked to consider how damages could be regulated by legislation. The Bill before the House, which is sponsored and proposed by the Government, seems to circumvent that recommendation. Maybe the Minister, Deputy Flanagan, will answer that question.

Third, what is wrong with judges assessing damages? We all know about some of the jaw-dropping cases in which people receive substantial amounts of money in respect of accidents that have happened, and most of us might think such payouts are not warranted. When we also see horrendous cases coming through the Four Courts in which millions of euro are awarded on foot of tragic accidents or medical negligence which caused lives to be changed forever, we do not have the same reaction. Why is the Minister not being asked to consider the individual facts of an individual case? Why is he better suited than a judge to assess damages? These serious questions must be asked as we consider Senator Lawlor's Bill.

Fourth, is it not possible that the Judicial Council Bill, which was introduced in this House in 2017 but has not been debated since then, could fix this problem? The Bill in question provides for the creation of a judicial studies committee which would regularly examine damages awards and publish that information to ensure some people do not get more money than others simply because one judge, rather than another, happens to consider the case on the day it comes before the courts. For many years, a committee of the UK judicial council has been constantly studying the awards for damages. As I understand it, the amounts have been reduced as a consequence.

I have put these questions to the Minister because this could be a problematic area in the future. I have other reasons for raising the delays with the Judicial Council Bill 2017, including the provisions with regard to minimal custodial sentencing, etc. The Minister might answer the questions I have asked. If I do not get some very good answers, my belief in the Senator and his Bill could falter.