The amendment is not necessary and if it were made it would not have a practical effect. The agency, when managing claims, must take account of the circumstances in each case irrespective of whether special circumstances apply. It is not necessary to make a provision in the legislation such as that proposed in the amendment. There is ample provision in the legislation to deal with any scenario which arises and where Ministers would wish that the agency should be given directions as to general policy or guidelines or to the performance of its claims management function. This is provided for in section 15.
The agency will not deal with cases involving special circumstances such as hepatitis C where a compensation tribunal is sitting and cases involving an autistic child and his rights and the matter of education provision and institutional abuse where the Minister for Education and Science has already announced the establishment of a compensation board. The agency will deal with claims for compensation or damages for personal injury or property damage. They are of a routine and recurring nature and will be dealt with by the agency in an efficient and cost effective manner. I stress it will also do so in a fair and reasonable way.
I reiterate the comment of the Minister of State at the Department of Finance, Deputy Cullen, on Second Stage. He stated: "There is no doubt that cases will arise which involve sensitive issues or where injury has been caused through negligence on the part of the State." I assure Senators that in such cases the agency will deal with claims in a fair and sympathetic manner. I have also referred to directions or guidelines which can be given to the agency should the need arise.
There is general agreement that the present arrangements for handling the type of claims which the agency will deal with are unsatisfactory and that a new approach is needed to put in place a structured and coherent response. Much has been said about the existence of a compensation culture and there is a feeling that the State, that is, the taxpayer, is being ripped off. It is entirely reasonable that the agency should be mandated to manage claims to ensure the State's liability and its own expenses are contained at "the lowest achievable level". I cannot accept the amendment.