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:
Just to supplement what Mr. Newham has said, on the PTSD and psychological claims, we are giving PIAB the power to assess those cases as factors. There is a good reason.
When the PIAB was established it would not have had the experience in these types of cases, but it is in place for 18 years now and it has acquired a lot of experience in those types of claims. More importantly, they are set out in the personal injury guidelines now so the PIAB has a clear framework and reference point to make assessments.
On the occupiers liability and duty of care, the Minister for Justice, Deputy McEntee, gave an update on that in the context of the Justice Plan 2022, which was published on Tuesday. As I understand it, work is at an advanced stage on matters relating to codification of things such as common sense in personal injury cases and provisions regarding the voluntary assumption of risk. As Mr. Newham said, the Department will be progressing that as quickly as possible because it is recognised in the action plan for insurance that it is an important piece of the jigsaw that has yet to be put in place.