Danger here!
It can be all too easy to have a little slip and fall – a minor trip-up out of the blue – and then everything blows up, the claims start flying and life becomes much more difficult than it should be.
Take the Minister for Further and Higher Education, James Lawless, who was bowling along merrily on the lunchtime news last Sunday week when he responded to a question about third-level fees. He said they will definitely go up by €1,000 this year, although the Budget will probably mitigate the worst of the increase but he couldn’t promise anything because “it’s a matter for the finance ministers more so than myself, but, you know, that is what’s coming”.
Or the Minister for Housing before that, talking on radio about setting up a dedicated Housing Activation brigade and unexpectedly naming the lavishly remunerated housing tsar he wants to lead it – much to the surprise of the coalition partners he failed to inform.
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The candid on-air musings of James Browne, the Minister for Gaffs, landed the Government in hot water for weeks. But in a rare outbreak of good fortune for Browne, Lawless’s forthright radio performance has taken the unwelcome spotlight off his department for the past couple of weeks.
The cost of these trips and slips is borne by the Government, drawing heavy Opposition fire and undermining public confidence in its work.
It can’t afford mishaps and mixed messages on the highly contentious housing crisis. It can do without people being upset over fears of major hikes in undergraduate fees.
And there was every possibility of a triple whammy of unfortunate incidents this week. Given the Coalition’s flair for walking itself into trouble and then explaining itself into further bother, the Opposition will have been looking forward to ending the first session of the 34th Dáil with a chance to monster Micheál Martin again over another subject close to the heart of the voting public: high insurance costs and the compo-claims culture.
This one has been simmering since the Judicial Council proposed increasing personal injury awards by almost 17 per cent. The committee of judges has to review award guidelines every three years and their latest benchmark was adjusted in line with inflation.
However, the new compo levels must be approved by the Oireachtas before they can be legally applied.
Minister for Justice Jim O’Callaghan, who is a senior counsel, was charged with bringing forward the proposals delivered by the judges of Ireland. The new award levels were immediately denounced by business and consumer groups as a major payday for lawyers that would force up insurance premiums for everyone else.
It had been widely expected that Big Jim would bring forward the new guidelines to be rubber-stamped in the Dáil. But nothing much was happening on that front. Some suspected the Government might lash them through out of embarrassment at the last minute before the summer recess.
[ Mary Lou seemed to have an extra pep to her step. Was that a Statement Jacket?Opens in new window ]
As with the fees situation and, God help us, the housing crisis, this proposal to increase the size of injury awards is not straightforward. A Supreme Court judgment is involved for starters.
The judges can decide to pump up the guidelines to any level they wish, but the Dáil and Seanad must give them the green light first. Even if they were only factoring in inflation, deputies would be hearing complaints on the doorsteps.
What government would want to claim the credit for actively pushing through legislation to give even bigger court awards to people with interesting personal injury claims, shockingly entertaining as the newspaper accounts of some of them might be?
What government would go out of its way to pass a law that would jack up people’s insurance premiums?
Fair play to Jim O’Callaghan. At least he didn’t end up on the radio trying to explain the legislation or go down a blind alley defending insurance companies or regretfully warn cheesed off householders to expect a hike in their premiums.
By Wednesday, when it was still expected that the Government would eventually recommend the increases, the Taoiseach astounded the Dáil by responding to questions about them with, with . . . with clarity?
It was a bit of a shocker, really.
It looked like Cian O’Callaghan, acting leader of the Social Democrats, was on a winner when he began by asking: “Taoiseach, what is the Government at when it comes to personal injury awards?”
We’ve been hearing for weeks now about the Minister bringing the judges’ proposal for a 17 per cent increase before cabinet, said Cian. First it was reported that he wanted to nod it through and a memo would go to Cabinet last week. Then it was going to come up yesterday, only it didn’t. Now, it’s apparently coming up next week.
“Can you tell us what is going on?”
An increase of this magnitude would be “absolutely disastrous” said the TD for Dublin Bay North. “The fact that the Government is even considering this is reckless.”
He was pushing an open door here. With a fair wind and the usual waffling, the Opposition would have all next week to follow him through it.
Awards here are already much higher than in other countries and more than four times greater than in the UK. And now we hear the Government wants to jack them up even further?
Just think of the knock-on effect this will have on insurance premiums and on households, small businesses, community groups, voluntary groups, sporting organisations . . .”
People are already struggling to make ends meet.
Reduce the size of awards, don’t increase them, urged Cian.
“Government dithering is causing huge concern.”
Given that none of its members have been able to say for the past two weeks whether students will face a €2,000 or €3,000 contribution fee in September, it is understandable that Cian didn’t sound too optimistic when pleading with the Taoiseach “to level with us and give a straight answer” on personal injury awards.
Still, game to the end, he asked Micheál to give “a commitment” that they will not be increased.
The Taoiseach launched into a long, convoluted reply. There was much emphasis on the Supreme Court ruling — “four to three majority ruling, which was tight”— and his belief in the separation of powers and “absolute” resolve to observe it.
On and on until the very end when he talked about bringing “a bit of realism and clarity” to the debate.
That raised some wry smiles among the Opposition— it was a bit rich hearing that from Micheál.
He thinks there is a need for a review of the Judicial Council Act 2019 and Big Jim is going to do it.
“But the Minister will also bring a memo to Government which will lay the guidelines before the Houses. But he won’t be bringing a resolution seeking their approval,” said Micheál.
He paused for effect so the import of what he had just said would sink in.
Sounding only mildly triumphant, he added: “So don’t believe everything in the newspapers.”
Oh. A proper answer. That wasn’t in the script. It usually isn’t.
The acting Soc Dem leader rose to reply.
“So, I – I’m – the – Taoiseach is clarifying that there won’t be an increase of 17 per cent. You’re giving that commitment to the Dáil; you will not be putting forward an increase of 17 per cent.
“So I welcome that, I welcome that if that’s the case, Taoiseach. Awards here are four times higher than in the UK so that would be a regressive move, so if you’re not doing that, that is welcome . . .”
The wind was gone from Cian’s sails.
Micheál was quietly content.
And Big Jim would not be adding to the Government’s embarrassment of glitches.
