Linda Nelson Murray (Fine Gael)

I thank the Minister of State. Some 96% of cases do not even get to court, so we are talking about 4% of all cases. It has been suggested in some quarters that the 2019 legislation provided for the Judicial Council to review the guidelines, that it has now done this and we must accept its recommendation. Why? As the Minister of State mentioned, the Supreme Court made clear in the Delaney case that any changes to awards had to have the ultimate approval of the Oireachtas. For this approval to be meaningful, it has to be freely given. It is hard to see how the separation of powers concerns are addressed if Oireachtas consent is merely a rubber-stamping exercise and not meaningful consideration and assent by this Legislature. I submit that we need clarity from the Minister on this issue before going any further.

What we need most of all is for the recommendations of the Judicial Council regarding the proposed increase in awards to be sent to the relevant Oireachtas committee for considered debate. Policyholders deserve nothing less from us in this matter and we really need to consider them.