Dáil debates

Thursday, 7 April 2022

Ceisteanna Eile - Other Questions

Personal Injuries Assessment Board

9:50 am

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

The programme for Government contains a commitment to enhance and reform the role of the Personal Injuries Assessment Board, PIAB. This commitment is being given effect under action 19 of the Government's action plan for insurance reform. In 2022, I intend to enhance and strengthen the agency to facilitate an increase in the number of personal injury claims PIAB resolves. On 9 February, I published the general scheme of the personal injuries resolution board Bill 2022.

The policy objective of this general scheme is to facilitate an increase in the number of personal injury claims that may be resolved through the board's process and without recourse to litigation. The scheme amends the Personal Injuries Assessment Board Act 2003 in several ways: PIAB will be given a new function to offer mediation as a means of resolving a claim; it will retain claims of a wholly psychological nature, which is a new departure; it will promote public awareness and conduct public information campaigns; and it will have additional time to assess claims where an injury has yet to settle rather than releasing it to litigation. Pre-legislative scrutiny of the general scheme by the joint committee commenced on 30 March 2022. I am determined to progress this legislation to enactment in 2022 and I am confident these reforms will increase the number of personal injury claims resolved through the PIAB process.

Regarding mediation, because there have been queries regarding its benefits, mediation provides an opportunity for both parties to consider if an agreement can be reached on issues that can cause claims to proceed to litigation. Mediation is recognised as an effective dispute resolution method and is already used as a preliminary option in many different settings, including in the context of the Residential Tenancies Board, RTB, the Financial Services and Pensions Ombudsman, FSPO, and the Workplace Relations Commission, WRC. Mediation provides an opportunity for the parties to agree a mutually satisfactory resolution to personal injuries claims and avoids the potential of prolonged and expensive litigation.

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