Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 1:

In page 17, between lines 8 and 9, to insert the following: “Amendment of section 69 of Principal Act

19.Section 69 of the Principal Act is amended, in subsection (2)—

(a) in paragraph (c), by the substitution of “a member of staff of the Board,” for “a member of staff of the Board, and”, and

(b) by the insertion of the following paragraph after paragraph (c): “(ca) a person appointed under section 18D, and”.”.

Gheall mé ar Chéim an Choiste go mbeadh leasú agam faoin alt seo. On Committee Stage I indicated I would bring forward an amendment to introduce a new section to the Bill to ensure that the mediators appointed from a panel are provided with the same level of indemnity as mediators who are staff members. This amendment introduces a new section 19 to provide for this indemnity.

Section 69 of the Personal Injuries Assessment Board Act already provides for indemnification of certain persons regarding work undertaken by them on behalf of the board. Under section 69, employees, advisers and consultants are indemnified by PIAB against all actions or claims, however they arise, in respect of the discharge by that person of those functions. Mediators may be employees of the board or appointed from a panel of mediators. Mediators appointed from such a panel are not members of the staff of the board and, therefore, an additional reference is required to provide indemnity for such individuals. This follows the approach already taken in section 168 of the Residential Tenancies Act 2004. This indemnity will only be provided where the board is satisfied they have undertaken their work in an appropriate manner and in good faith.

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