Charlie Flanagan

They will be discussed today at Report and Final Stages of the Judicial Council Bill in the Seanad.

Mr Flanagan said: “The amendments published today give effect to a recommendation of the Personal Injuries Commission, established by Government.

“The proposed changes to the Judicial Council Bill will provide for the Committee to prepare draft personal injuries guidelines which will be reviewed by the Board of the Judicial Council.

“The amendment specifies that the guidelines must be submitted to the Board no later than 12 months after the establishment of the Committee.

“Under the Government’s proposal, the Committee will be required to review the guidelines on a three-year basis and, if the review indicates that amendments are required, the Committee is obliged to prepare a draft of such amendments for submission to the Board.

“The guidelines are to contain general guidelines as to the level of damages that may be awarded or assessed in respect of personal injuries. The Committee may also offer guidance on matters such as the range of damages to be considered for a particular injury or the impact, which multiple injuries may have on the level of damages”.

Various factors are set out which are to be taken into account by the Committee in preparing drafts of such guidelines, which will include the level of damages awarded by the courts in this State and by courts in places outside the state.

To assist it in carrying out its functions, the Committee will have broad powers in relation to obtaining any information, which it might need. It may consult with appropriate persons and bodies, including the Personal Injuries Assessment Board and may conduct research as to the level of damages awarded by courts in this state and elsewhere.

The Government also proposes amending some other key legislation in this area. The Personal Injuries Assessment Board Act 2003 will be amended so as to remove from the Board the responsibility which it currently has for preparing the Book of Quantum and for revising that Book at least once every three years.

The Civil Liability and Courts Act 2004 will be amended to provide that the courts are to have regard to the personal injuries guidelines. Importantly, a court that departs from those guidelines will have to state the reasons for such departure in giving its decision.