Anthony Lawlor (Fine Gael) | Oireachtas source

I, too, welcome the Minister to the House. I have examined the Bill with keen interest since it was first introduced in the Dáil. I will focus on one aspect of the Bill, namely, the book of quantum. I recognise that the first book of quantum was published when the legislation was introduced and it was subsequently reviewed in 2016. The intention of the Bill is that the book of quantum will be reviewed by the PIAB every three years, which must be welcomed. Given that 60% of the cases before the PIAB relate to injuries sustained in motor vehicles, however, and given that 80% of those cases relate to whiplash, my problem is that there is a signifcant difference between the payouts for whiplash injuries in this country and those of other countries.

Furthermore, the number of whiplash injuries in this country is far higher than that of France or Germany and, therefore, one wonders whether there is a connection between the average quantum that is paid and the number of whiplash injuries. In the UK, for example, the maximum payment for a minor whiplash injury is £3,000, whereas in this country, for the same type of injury, the payment can be up to €15,700. Will the Minister indicate why there is such a discrepancy? Are the costs associated with making a claim so high that it leads to such a difference between payments in this jurisdiction and in the North of Ireland, where the guidelines for the assessment of general damages in personal injury cases are outlined in the green book?

Can the number of injuries covered in the book of quantum be reduced or does it have to increase? Is there a stipulation which requires the number to rise or can the Minister stipulate that it should decrease to reflect what our neighbours in the North of Ireland pay out? It seems ridiculous that as a result of the high payouts, there is a possible association with higher insurance premiums, which affect each and every one us, whether in the retail sector or all of us who drive through motor insurance and so on.

I am concerned about the average quantum that has been paid out since the book was published in 2016 and the difference between it and that of our neighbours. Will the Minister outline the reasoning for such a large difference? Is it because our legal fees or medical fees are too high or because it allows the insurance companies to charge so much for everyone's insurance?

In general, I welcome the Bill and other parts of it, such as the fact that a number of the board members will be selected through the public appointments process.