Pauline Tully
Question:1197. Deputy Pauline Tully asked the Minister for Justice the timeframe for commencement of section 221 of the Legal Services Regulation Act 2015; and if she will make a statement on the matter. [14021/21]
View answerWednesday, 24 March 2021
Questions (1197, 1289)
Holly Cairns
Question:1289. Deputy Holly Cairns asked the Minister for Justice further to Parliamentary Question No. 775 of 17 February 2021, her views on extending the statute of limitations for those persons affected by the CervicalCheck scandal to lodge a High Court case given the complications of both Covid-19 and the delay in establishing the CervicalCheck tribunal; and if she will make a statement on the matter. [15902/21]
View answerWritten answers
I propose to take Questions Nos. 1197 and 1289 together.
The Statute of Limitations (Amendment) Act 1991 provides for a special time limit for actions in respect of personal injuries and the period of limitation in cases of fatal injuries. Originally set at 3 years, the limitation period in respect of personal injuries and fatal injuries was reduced to 2 years by an amendment to the 1991 Act by the Civil Liability and Courts Act 2004.
Part 15 of the Legal Services Regulation Act 2015 deals with clinical negligence actions and includes a further amendment of the 1991 Act in relation to the limitation periods applicable in the case of a clinical negligence action. Part 15 includes an amendment of the 2004 Act dealing with clinical negligence actions where a person has suffered personal injury or death. Principally, the amendment of the 2004 Act provides for the introduction of a pre-action protocol relating to clinical negligence actions, the terms of which shall be specified in regulations to be made by the Minister for Justice and Equality. Part 15 also includes an amendment of the 1991 Act to increase from 2 years to 3 years the limitation period in respect of personal injuries and fatal injuries in the case of a clinical negligence action.
It is intended that this change in the limitation periods will be effective on the date to be fixed by order for the coming into operation of Part 15 of the 2015 Act. This date has not yet been fixed, primarily for the reason that the regulations to be made dealing with the pre-action protocol are currently being prepared by my Department with the assistance and advice of the Office of the Attorney General and in consultation with key stakeholders.
Separately, the CervicalCheck Tribunal is a matter for the Department of Health. I understand that the Minister for Health has already noted he is committed to developing a proposal to address any claims should the need arise, for claims that might be outside of the statute of limitations owing to the delay in establishing the Tribunal appropriately.