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

Mr. John Maher:

We know from Central Back reports that about 50% of claims are settled bilaterally between parties and never go to litigation. Of the remaining 50%, all cases that are litigated in the personal injury sphere, bar medical negligence, have to go through PIAB. Due to the constitutional right to access to justice, the PIAB process is a consent-based model. If a respondent states that an injury never happened on a premises, he or she is free to reject it. Similarly, if claimants feel the process has not worked for them, they are also free to reject it and proceed to litigation. That is because of the constitutional right to access the courts. PIAB, in a sense, is a kind of temporary or limited block on that, but nonetheless it is a block. The right to go to court has to be maintained.

On the cost of the claims settled outside of the PIAB process or which do not go to litigation, they are on a par with the costs of the litigation route. As I recall, there is no massive difference. I can come back to the Deputy in writing on that.