asked the Minister for Justice the present position in regard to the following matters which have been proposed by the Minister for Industry and Commerce as means of reducing insurance costs: (a) the publication of a book of quantum of damages (b) the introduction of an extended system of pre-trial procedures and (c) the reduction of the level of legal representations in the superior courts.

22.

asked the Minister for Justice if he will indicate the progress made in examining the scope for publication of a book of quantum of damages, with a view to reducing liability insurance rates, as promised in the Programme for National Recovery; and if he will make a statement on the matter.

I propose to take Questions Nos. 7 and 22 together.

I am examining these matters in connection with commitments in the Programme for National Recovery.

As regards the publication of a book of quantum of damages, I have arranged to have this matter discussed by the Incorporated Council of Law Reporting for Ireland, on which I am officially represented, to ascertain how such a project could be undertaken. While I am, of course, prepared to give what assistance I can, it is likely that this matter will be found to be more appropriate to be done by publishers of existing legal journals and textbooks.

A provision to facilitate the introduction of a system of pre-trial procedures in the High Court is among proposals that I am considering in connection with a proposed Court and Court Officers Bill. Preparation of the Bill is at an advanced stage. I hope to be in a position to bring any proposals before the House soon.

As regards the level of legal representation in the superior courts, the position is that the Government have decided that an amendment should be proposed to the Courts Bill, 1986, which is awaiting Committee Stage in the Dáil, to empower me to make regulations to limit the number of counsel whose costs may be recovered by a successful litigant in a personal injury or fatal accident damages case. The Deputy will be aware that the Bar Council decided recently to abandon the practice of requiring that three counsel should be briefed in these types of cases in the High Court. However, I should mention that the general question of the number of legal representatives required in a case is the subject of a current study of the legal profession by the Restrictive Practices Commission.

Will the Minister indicate when he expects a book of quantum damages to be published in this country?

The interests already involved will give the matter serious attention and I expect it will come on stream as soon as the legislation is passed.

Is it not the case that the publication of such a book was the subject of a ministerial announcement which suggests that the Government will do something about it?

That is not so.

The Minister for Industry and Commerce proposed this. Will the Minister be surprised to hear that I am somewhat disappointed with his answer which indicated that this matter is seemingly to be handed over to a private firm who will do it, presumably, for commercial gain?

A book of quantum damages is a collection of reports on decisions by the courts on the assessment of damages in personal injury and fatal accident cases. It would provide a guide to lawyers for valuing, settling or pleading these cases. It could be cited in court and its preparation is a matter of law reporting which could be undertaken by any of the private agencies involved in this area such as the Incorporated Council of Law Reporting which publishes the Irish Reports and other legal texts. It could also be published by the Irish Law Times or the Irish Reports Monthly. The book of quantum damages published in Britain was published privately by Kemp and Kemp and when civil injuries are abolished in personal injury cases, judges will be expected to give reasoned judgments in deciding these cases — juries do not. Reports on these cases would then have to cover the facts and issues relevant to the assessment of damages by judges as well as the amounts of damages awarded. Such reports are traditionally prepared by barristers who are present during the cases. The Chief Registrar of the High Court who was consulted, indicated that the production of any information for a book of quantum damages from court records and files would be beyond their financial and staff resources. He suggested that even court records would be inadequate for proper case reporting purposes. The publication of the book of quantum damages should be economically an attractive project for legal publishers when judges start deciding personal injury cases. I, as Minister with responsibility in this area, did not at any time say that the Government would be responsible for the production of such a book.