Michael Moynihan (Cork North-West, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this hugely important Topical Issue and convey the apologies of my colleague, the Minister for Justice, Deputy Jim O’Callaghan, who regrets he cannot be here due to another commitment.

On behalf of the Minister, Deputy O’Callaghan, I thank the Deputy for raising this important matter here today and for giving me the opportunity to provide clarity on the manner in which the personal injuries guidelines are drawn up and implemented. I state at the outset that it is not a matter for the Minister for Justice to approve the adoption of the guidelines. Under the Judicial Council Act 2019, the Judicial Council, which, as I am sure the Deputy is aware, is independent in its functions, has the responsibility for drawing up and reviewing the personal injuries guidelines.

The first issue of the personal injuries guidelines came into effect in April 2021 and these guidelines have had a clear and significant cost saving impact since their introduction. That being said, the guidelines were challenged in the Delaney v. PIAB case, in which the Supreme Court upheld the guidelines, but identified deficiencies in the underpinning legislation which was amended by the Oireachtas in the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024. In accordance with the 2019 Act, as amended, the Judicial Council has conducted a review of the guidelines and submitted draft amendments of the guidelines to the Minister for Justice to enable the laying of the draft amendments before the Houses. The draft guidelines submitted to the Minister by the Judicial Council propose an across the board increase of 16.7% in compensation amounts. This figure aligns with the increase in the harmonised index of consumer prices over the period from when the guidelines were last agreed in 2021.

Section 7(2B) of the 2019 Act requires the Minister for Justice to lay the revised guidelines before each House of the Oireachtas as soon as is practicable. The Minister will, therefore, shortly be laying the draft amendments before the Oireachtas after which a resolution regarding the draft amendments can be considered. The legislation provides that the draft guidelines must be approved by a resolution of both Houses of the Oireachtas before they can be brought into operation. The Oireachtas will have an opportunity to debate the matter once the resolutions proposing adoption of the guidelines are tabled. I must stress, however, that the legislation passed by the Houses last year does not provide for the amendment of the guidelines by the Oireachtas. When the resolutions have been approved by the Houses, the Judicial Council will then meet to formally adopt the guidelines. This is in keeping with the 2019 Act adopted last year.

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