Dáil Éireann Debate, Wednesday - 29 June 2022
135. Deputy Catherine Murphy asked the Minister for Justice further to Parliamentary Question No. 166 of 22 June 2022, if the issues that are under ongoing examination within her Department are being developed to the degree that the heads of legislation will be produced; the timeline for same; and if she has consulted with any groups outside of her Department on same. [34639/22]
View answerAt the outset, I want to record my sympathy for all those affected by issues arising from CervicalCheck. I have previously met with the 221+ Patient Support Groups and they explained their concerns to me in relation to a number of matters, including issues raised by the Morrissey v HSE case relating to the Civil Liability Act 1961.
In the Morrissey v HSE case, the Supreme Court held that the dependents of a plaintiff who has brought an action for personal injury cannot, while the plaintiff is still alive, claim for the future loss of services which the plaintiff might have been expected to provide for his or her family. The Court stated that if the law in this area is to be changed, it would have to be done by way of legislation, rather than by an evolution in the case-law.
A personal injury action may be brought by an injured person, or a wrongful death action may be brought under section 48 of the Civil Liability Act 1961 by his or her dependents after his or her death, but it is not possible for both of these actions to be brought arising from the same wrongful act.
As I have stated previously, these issues, including issues relating to legislation, are under ongoing examination within my Department. Any proposals for legislation in this complex area of the law would require careful consideration and consultation.
