Richard Bruton (Dublin Bay North, Fine Gael)
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1238. To ask the Tánaiste and Minister for Justice and Equality if the report of the Law Reform Commission on legislative caps on insurance awards has been considered; and if the concerns expressed by some of constitutional barriers have been resolved. [14674/21]

Helen McEntee (Meath East, Fine Gael)
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The Law Reform Commission published its Report on Capping Damages in Personal Injuries Actions on 30 September 2020. The Report forms part of the Commission’s Fifth Programme of Law Reform and it follows the publication of a consultative Issues Paper on this subject in December 2019.

The Report examines whether it would be constitutionally permissible, or otherwise desirable, to provide for a statutory regime that would place a cap or tariff on some or all categories of general damages in personal injuries cases. 

The Commission examined four potential legislative models, taking account of the constitutional requirements which are relevant to any legislation on capping general damages.

The report concluded that of the four models, two of them appear, in principle, to be constitutionally permissible.

One of these models is a proposed combination of elements of the New South Wales Civil Liability Act 2002 and the England and Wales Civil Liability Act 2018. 

The second model proposes that the maximum upper limit continue to be set by the courts, with the upper limit for lesser injuries being proportionate to the overall maximum.  The Law Reform Commission Report noted at the time of publication that this was closest to the scenario envisaged with the preparation and adoption of the personal injuries guidelines by the Judicial Council.  The Commission concluded that it would be entirely appropriate and desirable that the will of the Oireachtas, in the conferring of extensive functions on the Judicial Council to develop the guidelines, should be given some time to be applied in practice.

Amendments to the Judicial Council Act 2019 to give effect to these guidelines is currently progressing through the Oireachtas and it is hoped that it will be enacted as soon as possible.

My department is currently examining the implications arising from the Law Reform Commission’s report and developing proposals in relation to it.