Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

Awards are matters for the Judiciary rather than the lay members of the personal injuries guidelines committee. The Senator alluded to the lay structure that is proposed in the Judicial Appointments Commission Bill 2017 for the appointment of judges. This legislation is about recalibrating the guidelines. It is a matter for the Judiciary, rather than lay members, to do that. We have made a determination in this regard. The model we are proposing aligns with the model which operates in Wales, England and Northern Ireland. As will be the case here, the Sentencing Council for England and Wales has a broad membership which includes academics with appropriate expertise, whereas the Judicial College for England and Wales, which draws up personal injuries guidelines, is embedded firmly within the UK judiciary. We are in line with other jurisdictions. It does not seem that there is an obvious pool of disinterested parties who could be drawn on to participate in the function of the committee. There may be others who will advise - it will be possible for the advice to be taken - but subsequently the decision will be a matter for the members of the Judiciary only.