I move amendment No. 89 :
In page 28, to delete paragraph (f), lines 1 to 17, and substitute the following paragraphs :
" (f) subject to paragraph* of this subsection—
*This is the paragraph (i) set out in the Bill.
(i) the damages shall be the total of such amounts (if any as the jury or the judge, as the case may be, shall consider proportioned to the injury resulting from the death to each of the dependants, respectively, for whom or on whose behalf the action is brought, and
(ii) subject to paragraph (g) of this subsection, the total of such amounts (if any) as the judge shall consider reasonable compensation for mental distress resulting from the death to each of such dependants
(g) the total of any amounts awarded by virtue of subparagraph (ii) of paragraph (f) of this subsection shall not exceed one thousand pounds;
(h) each amount by virtue of paragraph (f) of this subsection shall be indicated separately in the award ;
(i) subparagraph (ii) of paragraph (f) of this subsection shall have effect only in respect of a death occurring within three years after the date of the passing of the Civil Liability Act, 1961 ;
(j) in addition, damages may be awarded in respect of funeral and other expenses actually incurred by the passenger, the dependants or the personal representative as a result of the accident which caused the death of the passenger ;"
There are three amendments proposed to this section. The first two are consequential on the new section 52. It is proposed to apply the same law to fatal air accidents as that which will apply to ordinary fatal accidents.
The third amendment proposes to delete the references—paragraph (j) in page 28—to the Schedule to the Air Navigation and Transport Act, 1959. That Schedule, which contains the 1955 Hague Protocol to the 1929 Warsaw Convention, has not yet been brought into operation. Provision for bringing it into operation by Government Order is made in section 2 of the 1959 Act. Until it is brought into operation, the Warsaw Convention, which is set out in the First Schedule to the Air Navigation and Transport Act, 1936, will apply.