Oireachtas Joint and Select Committees

Wednesday, 30 March 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

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

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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If mediation is not completed within the statutory provision of nine months, will it be suspended and will PIAB provide findings? If mediation goes on and on and does not come to an end, am I correct in saying that it stops at that stage and PIAB makes a determination?

I understand that in mediation both parties can bring legal representation to the table. Is there an assessment of the cost of such legal representation and the impact it could have on premiums? What mechanisms are in place to ensure that savings resulting in the use of PIAB are effective in reducing premiums? What the evidence around that?

How long does it take PIAB to issue findings in cases? Does it typically go to the nine-month limit or is it a limit and not a target? What is the estimate of the number of cases that might proceed to mediation versus determinations made directly by PIAB? Does Mr. Maher have any idea what happens in such cases? If PIAB makes a determination that would not be agreed by parties, could mediation then take place within the nine-month statutory limit?

In the statement, reference was made to heads 15 and 16 which allow the board to assess injuries of a psychological nature and to retain cases where, based on medical evidence, a prognosis cannot be determined within the statutory timelines. What exactly does "retaining cases" mean? Does that mean that no award is made, a certain amount is held or the case is revisited at another time? What is the mechanism for that?

We have heard about cases where insurance companies have settled out of court early in the process. We have heard reports of substantial increases in premiums for businesses. Do the witnesses know how frequently that happens? It is there a way that this can be reduced or prevented?