Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

Section 13 inserts a new section 74A into the 2003 Act. The Comptroller and Auditor General recommended to the Department that the Department and the board agree an appropriate level of revenue reserves to be retained by PIAB and the basis for holding such a reserve. The Comptroller and Auditor General also recommended the introduction of appropriate legislation to deal with excess funds held by PIAB. Legal advice obtained by the Department is to the effect that legislative change is required to enable the board to remit excess moneys to the Exchequer.

The proposed amendment at section 13 of the Bill implements the recommendation from the Comptroller and Auditor General. It provides for a reserves policy for PIAB. It also provides that PIAB shall remit to the Minister, for the benefit of the Exchequer, any moneys in excess of those authorised to be retained by the Minister, with the consent of the Minister for Public Expenditure and Reform. The Bill specifically provides that the Minister will have regard to the operational, capital and contingency costs of PIAB when determining the sum to be retained.

In 2011, PIAB refunded its establishment costs of €6.9 million to the Exchequer. PIAB is independent in the exercise of its statutory functions and the Minister is not permitted in his or her executive function to interfere in any way with the day-to-day operations and functions of PIAB.

Section 74 of the Personal Injuries Assessment Board Act 2003 provides a role for the Minister in the provision of funds to the Personal Injuries Assessment Board, PIAB. On the basis that this section implements a recommendation of the Comptroller and Auditor General, as I outlined, I ask the Deputy to withdraw his opposition to section 13.