ISME: Public liability system needs to be 'addressed'

The Irish Small and Medium Enterprises Association (ISME) has spoken out against the Irish government, urging them to address the ‘endemic flaws’ in the country’s public liability infrastructure.

Earlier this month the High Court’s decision to overturn a €40,000 ‘negligence’ pay-out by the National Parks and Wildlife Service (NPWS) underpinned ISME’s view that arbitrary decision-making processes within the Courts Service must be reviewed and statutory measures introduced.

Neil McDonnell, CEO, ISME, said: “Concern must be raised when we see such a fundamental difference between the High Court and the Circuit Court on how the issue of negligence was decided in a relatively straight-forward case.

“Aside from the quantum awarded by the Circuit Court, which ISME considered wholly inappropriate; the High Court’s radically different interpretation of the duty of care to that adjudicated by the Circuit Court, highlights the capricious and whimsical decision-making on issues of negligence.

“We are fortunate that this case involved a state agency with deep pockets to fund the appeal to the High Court. Had such a case been left to a private individual or a small firm to appeal, we might be looking at a different outcome today.

“While we welcome the High Court’s decision, it reinforces the need to introduce statutory measures to regulate this grey area.”

Subsequently, the ISME wants the Government to consider the following measures:

• Introduce rehabilitation as the first order of restitution by defendants

• Overhaul the legal system under the EU/IMF program

• Codify an offence of perjury into Irish law

• Consider the validity of the Book of Quantum (BOQ)

• Minimise permitted time limits for the submission of claims under the Statute of Limitations

Legislate for the establishment of an independent expert panel from which diagnostic reports must be obtained prior to assessment by PIAB.

Date published 27 Feb 2017 | Last updated 27 Feb 2017