Dáil debates

Wednesday, 5 October 2022

Personal Injuries Resolution Board Bill 2022: Second Stage

 

5:42 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail) | Oireachtas source

I would like to begin by thanking all of the Deputies. Gabhaim buíochas le gach Teachta as a bheith páirteach sa díospóireacht inniu. I welcome all of the positive remarks about the Bill and the work of PIAB, and I want to acknowledge the work of everybody at PIAB since its inception. It is clear the positivity about its work to date is a tribute to it as well as to the overall record. I also want to thank my officials in my Department who have worked incredibly hard to bring this Bill to fruition, along with all of the people and all of groups, many of whom were mentioned this evening, who made a contribution to this process.

I agree that this will not resolve all of our insurance problems. It will not resolve the availability or the selection issue. The Minister of State, Deputy Fleming, is doing considerable work in that space and we, as a Government, have taken a range of actions to do that. This is an important reform. I welcome the commitment in most parts to mediation. Mediation offers speed and simplicity. It will not add time. An intervention that reduces litigation will reduce costs. Certainly, we will seek to work through the process. I am certainly happy to engage with any Deputy bilaterally ahead of Committee Stage to give people assurances in relation to that.

The personal injury guidelines are some of the most significant reforms in the insurance space in decades. We are beginning to see the reductions that are taking place due to the PIAB work and the PIAB process. I would hope that we will see future impacts in Central Bank reports. On that, Deputy Bruton raised an important point. We can see motor insurance prices have fallen in recent years. They are 40% below the 2016 peak. The national claims database is a unique and independent source of data. However, we need to see similar falls in employer liability and public liability, similar to the motor insurance costs. It does not strike me that the benefits of that and of recent years are solely related to the motor insurance industry. Other insurance companies need to take note. I will absolutely be bringing that point home to the Minister of State, Deputy Fleming, from this debate.

There were a lot of comments and proposals around expanding the role of the new body into a quasi-judicial kind of format. I agree with Deputy Phelan’s remarks that there are fundamental constitutional rights at play here. I know the former Minister, Deputy Troy, had much engagement with the Attorney General on this. PIAB is good at what it does; it assesses claims efficiently and thoroughly. Now, by adding mediation, we are giving it a new part to its armoury. This further enhancement will allow it to expand its role even further.

Competition is crucial. Much of the feedback in relation to business, community groups, festivals, services that are being withdrawn and playgrounds comes down to the lack of competition in the market. The Minister of State, Deputy Fleming, has been working incredibly hard to increase the availability of insurance and address the competition issue by seeking new entrants. He has worked with the Industrial Development Authority, IDA, on that. We will continue that work within my Department, putting forward this new, enhanced role for the personal injuries resolution board, PIRB, as part of the attraction.

Many Deputies expressed concerns in respect of resources. We will be working closely with PIAB. I met with its CEO and chairperson in the past week, ahead of the introduction of the Bill, to ensure they will be ready for it. My officials are working closely to ensure that as soon as the legislation is passed, the new PIRB will be in a position to do that. I agree with Deputies with regard to it being essential that the Bill is not just an ornament but, rather, that it works, the reforms outlined are embraced and mediation is used effectively and efficiently, but also with respect. In addition, it is critical that we move forward quickly, and I am glad to have the endorsement of Deputy O'Reilly, as well as Deputy Quinlivan, as Cathaoirleach of an Coiste um Fhiontar, Trádáil agus Fostaíocht, in that regard. We cannot, and I will not, let the best be the enemy of the good. We need to move this critical legislation quickly and I look forward to working with Deputies on it.

I was struck by the contribution of Deputy Carroll MacNeill, supported by Deputy Catherine Murphy, in respect of the State Claims Agency. The Deputy obviously sees this from her perspective as a legislator and member of the Committee of Public Accounts but also as one who is involved in the claims process, as she clearly outlined. I will highlight the issues relating to the State Claims Agency to the Minister for Finance, Deputy Donohoe, and the Minister for Public Expenditure and Reform, Deputy Michael McGrath. Some of the points made by Deputy Carroll MacNeill are important and worth pursuing. We are here promoting mediation as a vehicle but it is not being used by other State agencies. It is something that needs to be brought froward across all the relevant agencies.

Gabhaim buíochas arís le gach duine as an díospóireacht agus beimid ag dul ar aghaidh go dtí Céim an Choiste. Beidh mé ag iarraidh ansin obair a dhéanamh le gach Teachta agus Seanadóir a bhfuil tuairim aige nó aici ar an ábhar seo. Gabhaim míle buíochas leis an gCathaoirleach Gníomhach.

Comments

No comments

Log in or join to post a public comment.