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Dáil Éireann debate -
Thursday, 18 Nov 1999

Vol. 511 No. 2

Written Answers. - Medical Negligence Claims.

Bernard Allen

Question:

147 Mr. Allen asked the Minister for Justice, Equality and Law Reform if he will make a statement on recent reports from the Medical Defence Union which warned that Ireland is facing a med ico and legal crisis unless there is reform of the legal system. [23869/99]

The Deputy will be aware from the reply to his Question No. 129 of 11 November 1999 by the Minister for Health and Children that in so far as claims against doctors are concerned the Minister hopes to bring forward proposals to make the handling of those particular claims more efficient.

In so far as other changes of wider application than the medico-legal area are concerned, the Government's legislation programme, as announced by the chief whip on 27 September 1999, indicates that the National Treasury Management Agency (Amendment) Bill, to handle certain claims for compensation for personal injury against the State, is in the course of being drafted.

Recent important changes in general procedural law have also been made which have a bearing on personal injury claims. Under powers given to the Superior Courts Rules Committee by the Courts and Courts Officers Act 1995, changes were made in rules of court in 1997 to make provision regarding disclosure and admission of reports and statements. This procedure, properly availed of by parties, can make proceedings more efficient and cost effective. The rules committees of the various courts have, of course, general statutory powers which they exercise to make rules in relation to pleadings, practice and procedure which have a bearing on the way in which claims are processed in court proceedings.

The details of any further changes in the law, taking into account, for example, any recommendations made by the Law Reform Commission, will be announced in the normal way.

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