asked the Minister for Justice if he will take steps to introduce legislation to place employees of the State in the same position as employees of a private individual who may sue their employer for negligence causing personal injury.
Ceisteanna—Questions. Oral Answers. - Liability for Personal Injury.
96.
Mr. O'Malley
One of the items in the White Paper on the Programme of Law Reform presented by the Minister for Justice in 1962 was the promotion of legislation to deal with the civil rights and liabilities of Ministers and State authorities. This project is under examination and I hope to proceed with it when more urgent legislative proposals have been disposed of.
(Cavan): The Minister will agree that this defence, which is really the defence that the king can do no wrong, has been abolished in so far as claims arising out of motor cars are concerned? Does he not agree it is high time that this was abolished altogether and certainly that it was abolished in so far as employees of the State are concerned who, as Deputy O'Malley pointed out, are placed in a much less favourable position than people employed by private individuals?
This position is as a result of this old British defence that the king can do no wrong. I agree and accept that it is time that this was abolished and it is proposed to abolish it. I understood however that, outside, the abolition of the principle to which the Deputy refers has already taken place and that lawyers have found a way to get around this particular defence.
(Cavan): No, not so far.
The remaining Questions will appear on tomorrow's Order Paper.