asked the Minister for Justice if he will increase the maximum figure of £1,000 allowable for mental distress in fatal accident cases.
Ceisteanna—Questions. Oral Answers. - Mental Distress Damages.
9.
The limit of £1,000 in respect of damages for mental distress under the Civil Liability Act, 1961 was fixed on the basis that it contained a substantial allowance for future inflation. I have no proposals at present for the introduction of legislation that would provide for an increase in the limit but I am, however, keeping the matter under review.
I am not asking the Minister to repeat the very ill-advised precedent he introduced in the Seanad of quoting from Cabinet memoranda but how can he state that this limit was fixed on the basis of a substantial allowance for future inflation?
I am saying that information available to me and from the file in my Department——
(Interruptions.)
Order.
The figure of £1,000 had to be an arbitrary one but an inflationary element was built into it.
When the last Government were considering this provision we anticipated a reasonable rate of inflation but having regard to the extraordinary rate of inflation now, is it not time the position be reviewed?
As I said in my reply, I am keeping the matter under review but not particularly for the reason adverted to by Deputy Lynch.
Obviously, the Minister had a change of mind.
Has the Deputy a question?
Has the Minister had a change of mind since I raised this matter first more than six months ago and when I indicated that it was appropriate to increase the figure?
I have not had a change of mind but the matter is under review.
I was the Minister responsible at the time of the introduction of this piece of legislation but I assure the Minister that it was the intention that a record would be kept of court cases in this regard. Has such a record been kept and what are the conclusions to be drawn from it?
Statistics of awards of sums for mental distress are, of course, available but there is no particular conclusion to be drawn from these statistics.
Is the Minister aware that in almost every case at the moment where an immediate member of the family has died the judge invariably awards the full figure of £1,000 and has been doing that for a considerable time on the basis that the courts think the sum is not adequate in certain circumstances?
I am aware that the courts have been awarding the maximum figure but I am not aware that the courts have given any indication of their reasons for awarding this figure.
Their hands are tied as this is a maximum figure.
That may be the Deputy's view, but the courts have not said so and the Deputy knows that.
I am calling the next question.
The Minister said the courts have not said so.
Deputy O'Kennedy has said that the courts are entitled to do this because they consider it——
It is a matter of common knowledge, and the Minister knows it——
This is Question Time.
——and judges have said so consistently and there is no reason for denying it.
I am not so aware.
I am informing the Minister of it now.