asked the Minister for Justice whether his attention has been drawn to difficulties being caused by aspects of the Civil Liability Act under which the court must rule as to whether an offer of settlement from insurers should be accepted or not; if he is aware that such advice may well be in contravention of the desires of the party involved and if he is further aware of cases in which such advice was found to be faulty when the case came before another judge, thereby causing a loss to the party involved; and if he is considering any amendment of the legislation to ensure that where a plaintiff so desires he or she may accept the proposed settlement figure without having to be directed to the contrary by the court.
Written Answers. - Civil Liability Act.
276.
There seems to be an implication in the question that, as a general rule, settlements in civil liability cases require the approval of the court. In fact the provisions to which I assume the question relates are special provisions for the protection of infants in certain circumstances. That apart, to reply to the various parts of the question would in effect involve me in expressing opinions on the manner in which certain discretionary powers conferred on judges by the Civil Liability Act, 1961, have been exercised in particular cases.
I have received no representations that the law concerned is unsatisfactory. Should the Deputy or any other interested person consider that the law is deficient, I suggest that the best thing to do would be to send me his views and the supporting arguments in writing and in sufficient detail to enable me to examine them.