Michael Ahern (Cork East, Fianna Fail)

I would like to sum up on behalf of my colleague, the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Harney. This pioneering legislation provides for the establishment on a statutory basis of the Personal Injuries Assessment Board whose objective is to tackle the delivery cost of speedier compensation to genuine claimants while reducing the cost of insurance for consumers and businesses alike. The PIAB will offer a lower cost and speedier means of finalising genuine personal injury claims than the current litigation system. The establishment of the PIAB is in the public interest.

The PIAB is not being set up to cut the level of awards to genuine claimants. Awards will be at current levels. The role of the PIAB will be confined to claims where legal issues are not disputed by the respondent and there are no reservations about their genuine nature. Exaggerated claims should be defended in the courts and new provisions are being introduced under the Civil Liability and Courts Bill 2003 by the Minister for Justice, Equality and Law Reform, Deputy McDowell.

The PIAB is not designed to deny people's access to the courts nor their entitlement to seek independent legal advice. The priority for the PIAB will be to implement fair procedures in accordance with the principles of natural justice as they apply in this "documents only" procedure. While parties are entitled to seek independent legal advice at any stage, the PIAB will not award litigation costs for or against any party. The PIAB will not conduct oral hearings. There are very limited opportunities for respondents, or their insurers, to attack the claimant's claim once the case has been accepted as one appropriate for assessment of quantum only.