Naomi Long

Sir John Gillen’s 2017 review of civil justice recommended that minor settlements in personal injury cases where legal proceedings have not been issued should require approval by a court.

This was in response to concerns that parents may otherwise settle for sums that do not properly compensate their child and which may not be spent in the child’s best interests.

The Department of Justice conducted a consultation in 2021 which found almost unanimous support for legislating on the matter. Of the 54 responses, 53 supported legislation and one supported legislation with caveats.

A summary of consultation responses published in February 2022 said the justice minister, Naomi Long, “believes that legislative intervention would be appropriate, particularly in light of the consultation responses”.

However, Mrs Long has now said in the Northern Ireland Assembly that she does not intend to bring legislation on the issue before the end of the mandate in 2027.

In response to a written question from DUP MLA Michelle McIlveen, the minister said: “I do not intend to bring forward legislation for mandatory court approval of compensation settlements for children reached before the issue of legal proceedings in the current Assembly mandate, but the department remains open to doing so in future.

“While there was strong support for court approval of all minor settlements in my department’s 2021 consultation, and I am in favour of doing so, detailed policy consideration highlighted evidential and practical difficulties with legislating at this time.

“I have asked my officials to consider next steps, including commissioning further research as well as exploring non-legislative alternatives.”