Written answers

Thursday, 26 May 2016

Department of Justice and Equality

Personal Injury Claims

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael)
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55. To ask the Minister for Justice and Equality when she will introduce legislation to allow for periodic payments to persons who have received personal injuries awards; and if she will make a statement on the matter. [12444/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that the General Scheme of the Civil Liability (Amendment) Bill 2015, which is designed to meet the recommendations of the High Court Working Group on Medical Negligence and Periodic Payments, was published on 27 May, 2015. Publication of the General Scheme followed on an intensive policy analysis undertaken by my Department in consultation with the Departments of Finance, Public Expenditure and Reform, Health, Jobs, Enterprise and Innovation, the Office of the Attorney General and the State Claims Agency. The aim of the Scheme is to give much-needed financial security to those who have been catastrophically injured and who require life long care and attention and will cover all instances of catastrophic injuries and not just those arising in respect of State defendants.

The Bill will include provisions allowing a court, following consultation with all parties and in the best interests of the plaintiff, to make periodic payment orders for catastrophically injured plaintiffs who require life long care and attention. The periodic payment orders will be index linked and exempt from income tax. In addition, the legislation will provide that a court may not make a Periodic Payments Order unless it is satisfied that the continuity of payment under the Order is secure.

Work is progressing on the drafting of the Bill in the Office of the Parliamentary Counsel and my Department is urgently examining a number of queries and comments on the proposed legislation raised by that office. I fully expect that further progress on the Bill will be made in the coming weeks with a view, subject to Government approval, to Autumn publication.

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