Kieran O'Donnell (Fine Gael) | Oireachtas source

I concur with my colleagues and commend the Minister of State, Deputy D'Arcy, on the work he has done in the area. It is always difficult to make changes. The Minister of State has created the structures here to enable amendment of the personal injury guidelines. The judicial council will be established and I hope that happens once the legislation passes through the Dáil. I hope the Chief Justice will then move to establish the personal injuries guidelines committee as quickly as possible. Most of the seven people appointed to that will be judges. The Chief Justice is a very capable man and I expect he will be able to make those appointments very quickly. I ask that the committee report on the matter as quickly as possible.

I am particularly pleased about amendment No. 39, which makes reference to personal injury guidelines under a new section 82(3). As a result of the amendment, the personal injuries committee will look at the level of damages awarded for personal injuries in courts in the State and in such places outside the State as the committee or board may consider relevant. It is a key provision. To date, reviews of awards have been limited to the existing courts system. Guidelines relating to the classification of personal injuries need a little more detail and I have the minor soft tissue injuries in mind in this respect. Where people have genuine and severe injuries, the court system exists to protect their rights. We should never lose sight of that. However, this is about cases where awards are above what is warranted because of a minor injury.

I commend the Minister of State on this body of work, much of which has been quietly and efficiently done. The structure is now in place and I call on our colleagues in the Lower House to put this legislation through quickly. I hope the judicial council will be established with immediate effect so we can quickly arrive at a position where there is a fair and reasonable system of people being given awards commensurate with their injuries, particularly with respect to serious injuries.