Helen McEntee (Meath East, Fine Gael) | Oireachtas source

Insurance reform is a key priority of the Government. It is reflected in the programme for Government, the Government’s action plan for insurance reform, which the Deputy has just mentioned, my justice plan for 2021 and my justice plan for 2022, which I will publish shortly. This is a whole-of-government effort. I am pleased to say that, of the 66 actions contained in the action plan, 51 have been now completed. Twenty-six were completed by my Department. Data from the Personal Injuries Assessment Board indicate that award levels have reduced by around 40% since the introduction of the personal injuries guidelines last April, which I hope the Deputy will agree comprise a significant step in meeting our commitment to making insurance more affordable for consumers, businesses and community groups. We have all seen a reduction in our car insurance premiums in the past year alone. In addition to the bringing into operation of the guidelines, the enactment of the Criminal Justice (Perjury and Related Offences) Act 2021 last June has been a key element of work in my Department. We have also examined changes to reduce insurance fraud, including penalties for insurance fraud, in consultation with relevant agencies. The Insurance Fraud Coordination Office was opened by An Garda Síochána in July.

In accordance with the action plan, my Department has completed a review of the occupiers’ liability legislation, including the duty of care and notices and waivers. Under that review, we considered relevant current legislation in Ireland and other common law jurisdictions, in addition to notable Irish case law. Subsequently, my Department identified several options regarding occupiers’ liability, which the review has recommended pursuing. I submitted these options to the Government last April.

We are considering reform in two areas. First, we are considering introducing provisions to ensure that ordinary common sense is brought to bear on personal injuries cases. This usually leads to a dismissal or a reduction in the award granted. We are essentially codifying what is already happening in many or some instances in our courts. This is in line with recent superior court rulings.

Second, and probably more significantly, we are considering the introduction of a provision to allow for the voluntary assumption of risk whereby those who willingly place themselves in circumstances they know might result in harm cannot bring a claim against the other party. This is what many people are looking towards. This recommendation was made previously by the Law Reform Commission.

To set out the timeline, my Department is currently engaging with the Office of the Attorney General on proposed amendments to the Occupiers’ Liability Act. My intention is that, on receiving advice, the proposals will be progressed and included in the civil liability Bill. The intention behind that will be made known in the coming months.

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