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Personal Injury Claims

Dáil Éireann Debate, Tuesday - 22 January 2019

Tuesday, 22 January 2019

Ceisteanna (241)

Kathleen Funchion

Ceist:

241. Deputy Kathleen Funchion asked the Minister for Justice and Equality his plans to introduce a legislative cap on general damages that can be sought in personal injury claims (details supplied); and if he will make a statement on the matter. [2517/19]

Amharc ar fhreagra

Freagraí scríofa

The matter raised by the Deputy is the subject of a recommendation made by the Cost of Insurance Working Group in its Report on the Cost of Employer and Public Liability Insurance published in January 2018. As the Deputy will be aware, the Cost of Insurance Working Group, chaired by Minister of State Michael D'Arcy TD, brings together the relevant Departments and Offices involved in undertaking a review of the factors which are influencing the increased cost of insurance.  Its objective is to identify immediate and longer term measures which address increasing costs, while bearing in mind the need to maintain a stable insurance sector. I am aware, from my own Department's active participation in the ongoing work of the Group, that the adverse impact of insurance costs and claims on voluntary and community projects which has been raised by the Deputy is among the Group's key considerations. 

Under Recommendation 5 of the Working Groups January 2018 Report, the Law Reform Commission was requested to undertake a detailed analysis of the possibility of developing constitutionally sound legislation to delimit or cap the amounts of damages which a court may award in respect of some or all categories of personal injuries. As tasked by the Working Group, my Department wrote to the Law Reform Commission to that effect on 9 February 2018.

The Law Reform Commission has now, I understand, included this proposal for consideration as part of its draft Fifth Programme of Law Reform. As part of the process for its adoption, the Government has referred the draft Fifth Programme to the Oireachtas Joint Committee on Justice and Equality which is expected to report back shortly. On that basis, it would be anticipated that the Fifth Programme will be finalised soon at which point the timeline for the delivery of its various outputs by the Law Reform Commission, including in relation to the capping of damages, will be determined.

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