Labour MP George Vella has suggested that the discussion of the Civil Code Amendment Bill be suspended until such time both sides of the House agreed what they were aiming to achieve without imposing the capping of damages to victims, or their heirs, of traffic and industrial accidents without any interference in court deliberations and without undue ministerial discretion.

Dr Vella said that throughout the years a practice had developed on the calculation of damages, even if not all were in agreement. But, he asked, why limit the judges’ discretion in calculating damages? The minister had said in the White Paper that the aim of the changes were to decide cases more quickly, reduce uncertainty and decide the percentage of the disability.

The intentions were good but the Bill was likely to create more problems. There was no need for such a technical piece of legislation that would tie the hands of the judiciary.

Dr Vella also objected to the method by which damages would be calculated in the event of the victim’s death. This, he said, gave way to interpretation and would increase complications.

He also pointed out that the White Paper provided for damages to persons with chronic illness due to long-term exposure in an unhealthy work environment. This would open up a Pandora’s box, he said, and suggested that there should be a different mechanism for work-related consequences.

As an example he mentioned that workers at the Freeport had drawn his attention that they had been ordered to test Japanese-imported cars for radiation when they had neither protective clothing nor the necessary training. What would happen if in the 25/20 years from now one of these workers developed cancer?

Dr Vella did not agree with the fact that in the case of a victim’s death, his future earning-power would not be taken into consideration. That was why discretion for damages should be left in the hands of the courts.

The Bill provided too much power to the Justice and Finance ministers in establishing earnings or potential earning; establish the formulae used in computing damages for loss of future earnings; establish a percentage scale of permanent disability; establish the formula that is to be used in computing damages for non-pecuniary loss in case of permanent disability; and establish the sum of damages payable to the heirs of the decease for non-pecuniary damages.

How can legal and medical affairs be left to ministers who may not be conversant with either the legal or medical fields. Who can be more expert than a judge in such cases?

Dr Vella drew the House’s attention to the lack of traffic discipline, road quality and traffic management. These must be seen to.

Turning to industrial accidents, he took the Occupational Health and Safety Authority to task for not enforcing legislation. There were no proper inspections on building sites, where abuses were rampant. The same went for the police and wardens, who should stop work when it was being carried out in a dangerous way. Dr Vella also called for a revision of the form to be filled by those injured at work and the proper keeping of first-aid kits.