Jim Daly (Cork South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

35. To ask the Minister for Justice and Equality if she will consider introducing legislation to rebalance liability when an accident occurs, notwithstanding the separation of the Judiciary and the State; and if she will make a statement on the matter. [10158/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, the courts are subject only to the Constitution and the Law and are independent in the exercise of their judicial functions. The conduct of any court case, including the determination of liability between the parties to an action concerning a personal injury is a matter entirely for the presiding judge and the Minister has no function in this matter. However, I wish to draw the Deputy's attention to a number of initiatives in the general area of compensation for personal injury. Legislation is currently being drafted to allow courts to make provision for periodic payment orders in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another. I hope to be in a position to publish the draft Bill in the next session of the Oireachtas.

The Legal Services Regulation Act 2015 includes provisions relating to the making of regulations for Pre-Action Protocols in cases of clinical negligence actions. Work has begun in my Department on framing these Regulations which are aimed at encouraging timely communications between parties and the early resolution of such actions. The Deputy may also wish to note that this Act also contains a number of measures relating to legal costs including the establishment of a new Office of the Legal Costs Adjudicator to replace the existing Taxing Masters Office; the introduction of new rules relating to the charging of types of fees by legal practitioners and advance notification of costs to their clients; and the introduction of a system of public complaints about all legal practitioners, including complaints as to costs, to be dealt with for the first time by an independent statutory authority, the new Legal Services Regulatory Authority.

The Mediation Bill, which is currently being drafted in the Office of the Parliamentary Counsel, will introduce an obligation on solicitors and barristers to advise any person intending to commence legal proceedings to give consideration to using mediation as an alternative means of resolving disputes. It is intended that this will help to reduce recourse to the courts, as well as the costs and delays which may arise during court proceedings. The Bill will also provide that a court may, following the commencement of any such proceedings, on its own initiative or at the request of a party to the proceedings, invite the parties to consider mediation as an alternative option and suspend the proceedings to facilitate that process. I expect to be in a position to publish this long-awaited Bill early in the next session.

In addition, I understand that my colleague, Richard Bruton, then Minister for Jobs, Enterprise and Innovation, met with the Hon. Mr. Justice Peter Kelly, President of the High Court on the 29^thJanuary 2016. The purpose of the meeting was to discuss the current review of the Book of Quantum.

It is understood that Personal Injuries Assessment Board hope to have the revised Book of Quantum ready as soon as possible. It should be noted that the Book of Quantum is not a recommendation for compensation levels but rather a reflection of the prevailing level of awards, that is: compensation values awarded by the courts; settlements agreed by the Insurance Industry; settlements agreed by the State Claims Agency and settlements agreed through the Personal Injuries Assessment Board process.