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Statute of Limitations

Dáil Éireann Debate, Thursday - 22 October 2020

Thursday, 22 October 2020

Ceisteanna (140)

Richard Boyd Barrett

Ceist:

140. Deputy Richard Boyd Barrett asked the Minister for Justice if changes will be made to the time period that a case of clinical negligence can be brought; and if she will make a statement on the matter. [32127/20]

Amharc ar fhreagra

Freagraí scríofa

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 three years, the limitation period in respect of personal injuries and fatal injuries was reduced to two years to ensure that claims are brought forward in a timely manner, 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 two years to three 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 period will be effective on the date to be fixed by order made by the Minister for the  coming into operation of Part 15 of the 2015 Act.  This date has not yet been fixed as the regulations dealing with the pre-action protocols 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.

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