Dáil debates

Wednesday, 16 January 2019

Personal Injuries Assessment Board (Amendment) (No. 2) Bill 2018: Report and Final Stages

 

7:20 pm

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank the Deputies for their interest and work on the Bill. I am satisfied the Personal Injuries Assessment Board will be sufficiently funded to carry out its duties. I addressed that issue in more detail earlier.

In terms of the length of time it takes for assessments, the Act provides that assessments are made in nine months. PIAB assesses cases on average in 7.3 months. Time is needed to obtain medical assessments and prognoses of claimants. As I said, I am satisfied that PIAB will have sufficient funding to carry out its duties. It is doing a very good job.

There have been calls for PIAB to recalibrate the book of quantum and revise the value of damages for the various injury types contained in the book. That is not possible as there is no legal basis or mechanism for PIAB to do that. Ultimately, levels of damage are set by the court and that influences the level of compensation paid throughout the system. Precedents set by the courts are followed by PIAB and the insurance sector.

The investigation of fraudulent or exaggerated claims is a matter for the insurance companies involved and An Garda Síochána. Insurance companies are now challenging more cases in the courts. Aside from the consideration of the feasibility of a fraud investigation unit, there has been significant progress in enhancing the level of engagement and collaboration generally between An Garda Síochána and the insurance industry. Part of that arose from the fraud round table which was hosted by the Department of Finance and involved wide stakeholder consultation. A key output from the process was the agreement of the document, Guidelines for the Reporting of Suspected Fraudulent Insurance Claims by Insurance Entities to An Garda Síochána, which was published on 1 October.

As Minister for Business, Enterprise and Innovation, I am very aware of the serious impact on consumers and businesses of high insurance costs. Many have suggested that the cost of personal injury claims is a contributory factor to the high cost of insurance premiums. This Bill, the recommendations from the cost of insurance working group and the recommendations from the Personal Injuries Commission are important measures in the Government's response to facilitate cost savings in the claims environment.

I look forward to introducing the Bill in the Seanad and to enactment as soon as possible after that.

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