Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I apologise if I did not bring to the Senator's attention subsection (7) of the proposed new section 18. It states:

The Personal Injuries Guidelines Committee, and any person authorised by it to act on its behalf, may, for the purpose of performing its functions under subsection (2)—(a) require any person to provide it with such records, documents or information as it may reasonably require for that purpose,

(b) consult with such persons as the Committee considers appropriate, including the Personal Injuries Assessment Board,

(c) conduct research on damages for personal injuries including—

(i) the level of damages awarded by courts in the State and by courts in places outside the State, and

This reflects the Personal Injuries Commission’s second and final report. Mr. Justice Nicholas Kearns, former President of the High Court, launched the report on behalf of the commission. It refers specifically to lower level injuries. I had a conversation about this issue with a party colleague of Senator Bacik yesterday, namely, Deputy Penrose. Much of what I am talking about concerns the lower levels of awards, or lower levels of damages, which are out of kilter by comparison with those made in our nearest neighbours, Wales and England. The work done was independently verified by KPMG. Damages awards at the lower levels in Ireland are 4.4 times higher than those made in England and Wales. There is an opportunity for persons to be consulted or spoken to on behalf of the committee.

The proposed subsection (7)(c)(ii) refers to "settlements of claims for damages for personal injuries". The proposed subsection (7)(d) states: "organise conferences, seminars and meetings relevant to those functions". This is as open and flexible as it can be to try to get in as much information as possible. The information will be analysed correctly and appropriately. The commission had the information analysed and independently verified by KPMG. The Department of Finance compared awards made in Ireland, England and Wales and concluded that awards made here at the lower end were five times higher than those made in England and Wales. The Personal Injuries Assessment Board also did work on the issue and concluded that awards made here were a little less than five times higher. There is enough evidence at this stage and enough scope within the Bill for the seven judges not only to consider the matter but also to authorise people, on their behalf, to obtain and analyse the information and ensure it will be scrutinised correctly in order that they will be properly informed. I refer to information from other parties, including the Personal Injuries Assessment Board and insurance companies, that may not be available to anybody else. There will be scope and flexibility to ensure we get all of the information needed.