Phil Hogan (Carlow-Kilkenny, Fine Gael)

The Minister gave us all these assurances when the Bill was going through the House in 2003 but they did not turn out to be true, in spite of the advice we gave the then Minister, Deputy Harney, at the time but she knew best.

For our part, we supported the establishment of the PIAB but laid down some important markers at the time. We made the point that Article 34 of the Constitution prescribes that justice must be administered in courts established by law, by judges appointed under the Constitution, and in general must be administered in public. There are specific provisions in law which allow the exercise of limited functions and powers of a judicial nature other than by judges. It is clear, however, that the exercise of such powers must be in accord with the principles of natural justice and in accordance with fair procedures.

In the original legislation, injured claimants are obliged by law to present their claims to this board, which will operate in secret and which will, effectively, deny them the right of independent advice, assistance or representation. Despite those concerns, we favoured the Bill.

We are not alone in our view. I point to the remarks of the late Mr. Justice Seán O'Leary, who did the State some service. He set down his thoughts on the administration of justice prior to his death, which were published following his death. He stated the culture that has grown around the operation of the PIAB is one where all claimants for personal injury are viewed as fraudsters. He went on to state: "The culture so created has been added to by the aggressive advertising of the insurance lobby". He further stated:

Much more needs to be done to restore an appropriate balance. If this is not done by the Oireachtas, then, in my view, the courts must insist on appropriate protection when suitable cases are presented for adjudication.

Those are the views of an eminent judge who had the respect of Members on all sides of the House and who made posthumous remarks about the operation of the principles of natural justice.

Today's debate gives us an opportunity to review where we are in terms of natural justice and fair procedure. I ask the Minister to reconsider whether it is appropriate that the State should seek to discourage people exercising their legal rights. I ask him also to review the operations of the Personal Injuries Assessment Board after three years in operation, which was promised by the then Tánaiste, Deputy Mary Harney, to determine if it is efficiently dealing with claims. Why are the benefits accruing from the savings being made by the PIAB, amounting to €45 million, not going into the hands of consumers rather than into the hands of grossly profitable insurance companies?

See this speech in context