Michael McDowell (Independent) | Oireachtas source

I congratulate the Minister of State on having the Bill passed by the House. It is approximately 15 years since I attempted to bring this legislation into reality. During the period I was Minister with responsibility for justice, I did not receive the requisite co-operation from the Judiciary, as a result of which nothing happened.I had to explain to the Dáil on a number of occasions that I was being left high and dry for want of response to my proposals.

It is also 15 years since the Civil Liability and Courts Act 2004 was passed. For a while, that legislation had the effect of driving down premia but it began to degrade and, to some extent, there was resentment in the legal profession and some areas of the Judiciary to the measures in the Act. They were designed to ensure litigants behaved with utmost good faith in this kind of litigation and they provided penalties, such as loss of the entire claim where any part of it was exaggerated deliberately. Unfortunately, some members of the Judiciary thought this was draconian but there is nothing draconian in asking people to behave in good faith when making a claim of this kind. There must be consequences for behaving other than in good faith as a plaintiff. Under the 2004 legislation, there was provision made for a register of personal injuries actions and this was designed to create a database so that people could be easily recognised as serial claimants. That has never been commenced and I ask the Minister to consider such a commencement.

The media probably misquoted the Minister of State on occasion by suggesting that somehow this House was holding up this legislation. Nothing could be further from the truth.