Morrissey case compensation
Deputy O'Dea raised legal uncertainty after the Supreme Court's Morrissey ruling affected financial provision for children of terminally ill women. The Taoiseach said further legal advice would be sought and returned to the Deputy.
The recent Supreme Court ruling in the Ruth Morrissey case held that women who are suffering from terminal cancer as part of the CervicalCheck fiasco can no longer seek financial provision for their children during their lifetime. They can seek it for themselves but not for their children. The children must bring a separate case after the parent has died. The difficulty lies in section 48(2) of the Civil Liability Act 1961, which provides that in fatal injury cases - the Morrissey case falls into this category - only one claim for compensation can be made. This has created an agony of uncertainty for families who have already been badly let down by this State. The Supreme Court has recommended we legislate to rectify the situation.
I listened to many fulsome verbal tributes to Vicky Phelan in the Chamber last week. Bringing this legislation forward immediately would be a tangible tribute.
Comment on this
The Attorney General has advised on this particular issue and perhaps has a different legal perspective to the legal person the Deputy referenced in his contribution, and it would have a far wider range of application than just specific cases. The argument would be that any initial case would encompass the wider issues of family as well. I will seek further legal advice in respect of it and come back to the Deputy.
Comment on this
It could be amended to be specific to these types of cases.