Seanad debates

Monday, 22 March 2021

Family Leave Bill 2021: Committee and Remaining Stages

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank the Minister for Children, Equality, Disability, Integration and Youth, Deputy Roderic O'Gorman, and the team in his Department for facilitating the introduction of these amendments. I also thank Senators and, of course, colleagues in the Dáil.

There are five Government amendments from the Department of Justice to the Bill. They have, essentially, the overall purpose of making suitable legislative provision in relation to the operation by the courts and by the Personal Injuries Assessment Board, PIAB, of the personal injuries guidelines, which, as Senators will know, were adopted recently by the Judicial Council under the Judicial Council Act 2019.

The key Government amendment is No. 5. It provides for the newest insertion into the Bill of Part 9 that deals with the amendment of the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003. Essentially, this amendment sets out that any case that is currently before the courts would be assessed under the old guidelines.Any case that has already been heard or assessed by the Personal Injuries Assessment Board and potentially is going to the court would also be heard under the old guidelines. Any new case that is currently with PIAB but that has not been heard would be assessed under the new personal injuries guidelines. About 19,000 cases will be assessed under the new personal injuries guidelines. This amendment is to ensure fairness so that cases which are already going through the court system or have been assessed can continue under the figures that have been set out prior to the introduction of the new personal injuries guidelines.

Government amendments Nos. 2 and 3 deal with the bringing into operation of Part 9 of the Bill. The amendments include a standard commencement provision conferring the function of bringing Part 9 into operation by order on the Minister for Justice instead of the Minister for Children, Equality, Disability, Integration and Youth. Government amendments Nos. 1 to 6, inclusive, provide for amendment of the Short Title and the Long Title of the Bill arising from the proposed inclusion in the Bill of the matters relating to the operation of personal injuries guidelines adopted by the Judicial Council.

I thank the House for its agreement to take these Government amendments and I also thank the Minister, Deputy O'Gorman, for facilitating them.

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