Nationalist MP Beppe Fenech Adami said in Parliament that the Civil Code Amendment Bill, dealing with civil damages in accidents where the victim died or suffered disability, was aimed to update the law reflecting judicial practice.

Court cases regarding claims for civil damages had increased a lot over the last 25 years. Most cases referred to traffic accidents or to accidents at work. Since the inception of the Health and Safety Authority (OHSA) many employers had taken measures to ensure safety at the workplace. Workers were also more conscious of doing their utmost to prevent accidents.

Over the years, the courts had established clear rules and principles on the determination of blame. These principles were often accepted by insurance companies. What was still contentious was the amount of damages to be awarded. This was linked to the percentage of disability suffered by the victim.

The Bill set parameters on such issues. This was a step forward because a number of cases could be solved through an out of court agreement. He hoped that once parameters were established, a number of insurance companies would be ready to agree to the liquidation of damages. Dr Fenech Adami disagreed with the opposition that the Bill bound the judges because the Bill did not establish a definite percentage of disability but parameters of percentages. The Bill also proposed compensation up to €600,000 which could be awarded.

On damages in case of death, the Bill introduced the concept that damages would be awarded to the persons who were directly dependant on the victim. The Bill also introduced the concept of moral and pecuniary damages reflecting present case law.