asked the Minister for Justice if he will introduce legislation to provide that an award of provisional damages may be made to a person injured in an accident where there is a chance that at some future date the injured person will suffer some serious deterioration in their physical or mental condition, the provisional damages to be assessed on the assumption that the contingency will not occur but enabling the plaintiff to secure further damages if the need should arise.
Ceisteanna—Questions Oral Answers. - Provisional Damages Legislation.
12.
In regard to the general question of possible future legislation I would refer the Deputy to the answer I gave to written questions on 1 April (Dáil Reports Volume 333, Columns 1335 and 1336) when I referred to the difficulty of making any useful statement at Question Time about proposals for legislation.
As regards the specific issue raised in the present question, I am aware, of course, that there is at present a proposal before the British Parliament somewhat along the lines of the question. However, the present law and practice in this country are not necessarily the same as in England and there are arguments both for and against change on the lines suggested. I cannot say whether or not I may propose such a change at a later date.
Surely the Minister would agree that there is no difference between the Irish and the English situation in regard to a person who has sustained an injury in an accident and who may have to wait several years to ascertain whether a serious injury will develop. Is it not a normal demand of justice that an unfortunate person in such a position should not have to defer his claim for a considerable number of years to see if an injury develops? Would it not be reasonable to make provision for a provisional payment of damages, leaving the option in the event of further deterioration of making a further claim at a later date?
I accept that the suggestion is worth considering.
Would the Minister consider the converse — that where there is a sudden cure after settlement there might be a refund?