Irish Independent

Fianna Fáil warns against a ‘knee-jerk’ referendum on whiplash compensati­on

- Kevin Doyle GROUP POLITICAL EDITOR

ANY move to restrict judges’ discretion over compensati­on payments should not be made in a “knee-jerk” fashion, Fianna Fáil has warned.

The main Opposition party is concerned that a referendum on how courts make awards would set a precedent.

On Saturday, the Irish Independen­t revealed Government plans to hold a referendum to override judges’ discretion when it comes to compensati­on claims if the judiciary does not drasticall­y reduce whiplash and soft injuries damages in less than two years.

Figures from the Personal Injuries Assessment Board (PIAB) show that the average award for a whiplash injury is just short of €20,000. This is around five times the average payout for whiplash in England and Wales.

The junior minister with responsibi­lity for insurance, Michael D’Arcy, said that unless judges recalibrat­ed compensati­on claims for whiplash injuries downwards, the Government would intervene.

“If the judges don’t, then the matter will have to be reviewed by the Oireachtas.

“If a referendum is required, we will go with a referendum so that the Oireachtas does have the legal authority to set awards,” he warned.

However, Fianna Fáil’s spokespers­on on business, Billy Kelleher, said: “If this Government intends on intervenin­g in judicial discretion, it should firmly outline its case as to why it believes this is a suitable approach.

“This shouldn’t be an ad hoc or knee-jerk move, considerin­g the precedent it would set and the implicatio­ns.”

The Cork TD said upholding judicial independen­ce was “crucially important”.

He expressed concern at the idea of a referendum which he said would be designed “to directly interfere with the judiciary in our State”.

Mr Kelleher added: “There are a number of recommenda­tions put forward by the chairperso­n of the Personal Injuries Commission that should be examined and implemente­d foremost to alleviate the cost of claims and before a referendum should even be properly considered.”

 ??  ?? Warning: Billy Kelleher is concerned about a threat to judicial independen­ce
Warning: Billy Kelleher is concerned about a threat to judicial independen­ce

Newspapers in English

Newspapers from Ireland