Vol. 310 No. 1
asked the Minister for Justice if the system of insurance which applies to motor accident cases in a number of European countries, based on the principle of what is known as "created risk" applies in Ireland; if not, why; and if it is proposed to introduce this system here.
351.
asked the Minister for Justice if the convention on the civil liability of motorists which was in the process of drafting by a Council of Europe Committee on which Ireland is represented, has been finalised and introduced; and, if so, when such a convention will be introduced here.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 350 and 351 together.
I assume that, in the first question, the Deputy is referring to the system of civil liability based on the principle of "created risk" under which the driver of a motor vehicle is deemed to be liable for injury or death caused by the vehicle, irrespective of whether he is at fault, unless he can bring himself within certain limited exceptions. That system is not part of the law of this country.
The principle of liability for damage caused by motor vehicles in our law is the same as that applicable in the general area of civil liability, namely, that to recover against the driver, a person has to establish that the driver has been negligent in the use of the vehicle.
The European Convention on Civil Liability for Damage caused by Motor Vehicles—which embodies the "created risk" principle—was opened for signature in Strasbourg on 14 May 1973. The convention has not yet come into force because instruments of ratification or acceptance have not been deposited by the required minimum of three signatory states. Ireland participated in the work leading to the drawing up of the convention but has not signed it.
The introduction of the "created risk" principle would represent a major change in this area of our law and views on the issue are divided both in this country and elsewhere. It is a matter which I have under review but I should like to make it clear that such a change in the law could not be undertaken without a great deal of further detailed and careful study.
