Oireachtas Joint and Select Committees

Wednesday, 25 May 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Personal Injuries Resolution Board Bill 2022: Discussion (Resumed)

Photo of Ollie CroweOllie Crowe (Fianna Fail) | Oireachtas source

Mr. Boland in his statement referred to the potential for PIAB to become a quasi-judicial body and the benefits that would bring. I certainly agree with that and it is a move I would like to happen. He referred to the Supreme Court decision in Zalewski v. the Workplace Relations Commission. My understanding from research and knowledge is that there is some uncertainty about whether the Supreme Court would rule similarly for PIAB to become a quasi-judicial body. A case brought before the Supreme Court as a personal injuries claim involves broader legal considerations that have been determined by the courts over time rather than the statutory employment law issues that come before the WRC. I share the eagerness of the Alliance for Insurance Reform for PIAB to become a quasi-judicial body, as it could have a substantial impact, but that causes some concern. Can Mr. Boland advise to what extent the alliance has considered this? Has it received legal guidance or what are his thoughts on that?

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