Dáil Éireann Debate, Tuesday - 17 October 2023
383. Deputy Patrick Costello asked the Minister for Justice when Part 15 Legal Services Regulatory Authority Act will be commenced; the reason it has not been commenced to date; and if she will make a statement on the matter. [44763/23]
Amharc ar fhreagraJustice Plan 2023 commits to legislating for new pre-action protocols in respect of clinical negligence to encourage early resolution of allegations of negligence, promoting timely communications between parties and reducing the number of clinical negligence actions which are brought, and to including these enabling provisions in a civil law miscellaneous provisions Bill.
By way of background, Part 15 of the Legal Services Regulation Act 2015 provides for the introduction of a pre-action protocol relating to clinical negligence actions. The pre-action protocol is to include requirements that must be complied with by the parties to clinical negligence actions before such actions are brought. The pre-action protocol will address issues such as access to medical records. In addition, Part 15 contains provisions which are incidental to the introduction of the pre-action protocol, including (in section 221) a limitation period of three years for an action claiming damages in respect of personal injuries in the case of a clinical negligence action.
In order to advance this and in keeping with the Justice Plan commitment, legislative amendments were included in the Courts and Civil Law (Miscellaneous Provisions) Bill 2022, to address a technical error in Part 15 of the Act. The Bill was enacted in July and the amendments allow the pre-action protocol to be developed and address the particular nature of settlements in respect of all clinical negligence cases.
Preparatory work for the introduction of a pre-action protocol for clinical negligence actions is ongoing between my Department and the Office of the Attorney General.
The proposed extension of the statute of limitations period can only occur after the introduction of the protocols. Further consideration will be required in relation to the commencement of section 221, taking into account the ongoing examination and implementation of these measures.
