Vol. 486 No. 6
54 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform whether he has asked the Law Reform Commission to undertake a review of personal injury compensation mechanisms; and if he will make a statement on the matter. [1174/98]
The Attorney General has referred two matters in relation to compensation in personal injury cases to the Law Reform Commission for examination and recommendation, the law in relation to exemplary or aggravated damages, in general, and in the context of fatal injury cases; and the law which requires the court, in making awards in personal injury cases, to disregard payments under contracts of insurance or statutory schemes.
The Deputy will, no doubt, be aware that the Commission has previously made recommendations in relation the the Statute of Limitations (Report on Claims in Respect of Personal Injuries (LRC 21-1987)) and on Periodic Payments and Structured Settlements (Report on Personal Injuries (LRC 54-1996)). The Statute of Limitation (Amendment) Act, 1991, gave effect to the 1987 report's recommendations. Any decision made by the Government on the 1996 report's recommendations will be announced in the normal way.
I draw the attention also of the Deputy to the reply of the Minister for Finance to Question No. 60 of 28 January 1998 in which he indicated that the Government has decided that a State claims agency should be established to manage claims for compensation in respect of accidental personal injury and property damage which are made against the State and that a Bill to establish the agency is at an advanced stage of being drafted. Furthermore, the Minister with responsibility for technology and commerce, has asked the special working group, established on foot of a consultancy report on the evaluation of insurance costs, to continue its work on the alternative methods of delivering personal injury compensation.
