Kathleen Lynch (Cork North Central, Labour)
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Question 68: To ask the Minister for Justice, Equality and Law Reform if, in view of a newspaper article written by the President of the High Court announcing the establishment by him of a working group to consider whether damages for catastrophic injuries can or should be awarded by way of periodic payment rather than lump sum, to make recommendations to the president and to provide draft legislation to give effect to its recommendations, the establishment of this working group by the president was on his initiative or that of the president; if it was the initiative of the president, if it was considered and approved by him prior to its being announced; if he will provide any precedent for the president of the High Court or any other judge to establish a working group to consider and recommend proposals for legislative change outside the formal context of the Law Reform Commission or another appropriately designated body; if he is satisfied that an [i]ad hoc[/i] committee established by a judge and including other judges amongst its membership is an appropriate body to consider and make proposals for legislation to him and the Houses of the Oireachtas; if he is further satisfied with the balance of interests represented on the working group; and if he will make a statement on the matter. [19619/10]

Dermot Ahern (Louth, Fianna Fail)
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There is representation from my Department in the Working Group on Medical Negligence that was established by the President of the High Court on his own initiative. The question of a balance of interests in the membership of the Working Group is a matter for the President. The examination of the law and the making of recommendations for change is not the exclusive preserve of the Law Reform Commission. Moreover, the Commission has already reported on the question of structured and periodic payments in the law of negligence.

The Deputy will appreciate that as Minister for Justice, Equality and Law Reform, it falls to me to make determinations, with the assistance of my Department, on recommendations for changes in the law that come from a multiplicity of sources. The eventual policy proposals that I submit to the Government on any subject for its approval must, of course, take into account the public interest, the views of other Departments and of the Attorney General.