Michael McDowell (Dublin South East, Progressive Democrats)

Amendment No.1 is consequent upon amendment No. 36 and remedies what might be regarded as a deficiency in the Personal Injuries Assessment Board Act as passed by the Oireachtas at the end of last year. Section 54(1)(c) of the Personal Injuries Assessment Board Act provides that one of the principal functions of the Personal Injuries Assessment Board shall be to cause a cost benefit analysis to be made of the legal procedures and associated processes, including those provided for by this Act, that are currently employed in the State for the purpose of awarding compensation for personal injuries. While section 54(2) provides that the board shall have all such powers as are necessary, or expedient for, or incidental to, the performance of its functions under the Act, it is considered opportune to provide a specific power for the Personal Injuries Assessment Board to require any person, including a Minister, or a body established by or under any enactment to provide it with any information it may reasonably require for the purpose of this particular function under section 54(1)(c). Subsection 2 imposes a duty to comply with the requirement of the Personal Injuries Assessment Board in this respect. This means that the Personal Injuries Assessment Board can seek a court order against a non-compliant person or body.