Seanad debates

Tuesday, 19 February 2019

Personal Injuries Assessment Board (Amendment) (No. 2) Bill 2018: Committee and Remaining Stages

 

2:30 pm

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank the Senators for their time, contributions and support for the Bill. It is important legislation, which is designed to enhance the role of PIAB, to strengthen its powers within the personal injuries claims environment, and to benefit claimants, insurers and society more generally.

On the issue of the cost of insurance, I am aware of the serious impacts on businesses and consumers of high insurance costs. It is important that consumers and businesses can obtain insurance cover at a reasonable and fair price.

I have met the Minister of State, Deputy D’Arcy, who is chairman of the Government's cost of insurance working group, and other stakeholders to discuss the high cost of insurance for business and consumers, and the work in my Department in this regard. The working group has undertaken a review of the factors influencing the increased cost of insurance. Its objective is to identify immediate and long-term measures that can address increasing costs, while bearing in mind the need to maintain a stable insurance sector. The first phase of this work involved an examination of the motor insurance sector. The second phase involved an examination of the employer liability and public liability insurance sectors.

The work of the cost of insurance working group is complemented by the work of the Personal Injuries Commission. I was pleased to submit the second and final report of the commission to Government on 18 September 2018. The publication of this report concluded the challenging work programme of the commission since its establishment in January 2017, on foot of a recommendation in the cost of insurance working group's motor insurance report.

Following publication of its final report, I wrote to the relevant Government colleagues, the Minister for Justice and Equality and the Minister for Health, and other organisations, including the Garda Commissioner, Insurance Ireland, Law Society, Bar Council of Ireland and Law Reform Commission, LRC, seeking co-operation in advancing the implementation of the recommendations relevant to them. Their implementation will be a matter for each of the bodies responsible.

The Department of Justice and Equality has engaged with PIAB regarding a possible interim process for achieving revised guidelines on the priority soft-tissue or whiplash area. The Minister for Justice and Equality wrote to the Chief Justice on 13 February to ascertain his views as to whether it would be possible, clearly respecting the separation of powers and the independence of the Judiciary, to devise a process involving members of the Judiciary, representatives of PIAB and officials from the Department of Justice and Equality whereby interim guidelines relating to soft tissue or whiplash injuries would be delivered, and this output could be published by PIAB under its existing legislation, as a supplementary or replacement guideline.

The Judicial Council Bill has completed Second Stage in the Seanad and preparations on proposed amendments are being made by Department of Justice and Equality for Committee Stage. We know the legislation is currently going through but, as an interim measure, the Minister contacted the Chief Justice.

I believe that the cumulative effects of the implementation of all of the recommendations from the two reports of the PIC, alongside the reports of the cost of insurance working group, and the measures contained in the Personal Injuries Assessment Board (Amendment)(No. 2) Bill 2018, should bring greater consistency and predictability to awards, faster resolution of claims and, ultimately, a reduction in insurance premiums, which will benefit consumers, businesses and society as a whole.

Comments

No comments

Log in or join to post a public comment.