Rónán Mullen (Independent) | Oireachtas source

I thank the Minister of State for his reply. Nobody ever said PIAB was a court. I accept that the Minister of State, Deputy Browne, is just a messenger for another Minister of State but, on a previous occasion, when Deputy Michael McGrath asked a parliamentary question on the same matter, the then Minister, Deputy Humphreys, at least stated baldly there were no penalties involved where false and misleading claims are made to PIAB. On neither occasion has the Government given a reason for this omission. The result is that somebody can place their lies on the roulette wheel of PIAB without even having to buy a chip. One can imagine a situation in which there is a conspiracy involving the person making a claim and somebody within an organisation. Why should there not be a penalty for putting false information before PIAB – false information which, for one reason or another, might not be properly denied or put in issue, as a result of which there would be a concession and acceptance of an award from PIAB? The reply that was given previously was very matter of fact and almost blasé but, in the context of the discussion on personal injury claims and insurance costs, which has raged in recent years, there is surely a jaw-dropping lacuna. There has been no action by the Government. There has been much political posturing about the cost of insurance in recent years. I have said here before that those involved often seem more interested in the rhetoric and grabbing headlines than in tackling the problem. Judges and the legal profession have been unfairly blamed. There was even a nonsensical kite flown about a potential constitutional amendment to cap awards. The Judicial Council guidelines on awards have come into effect, which is welcome, but I have concerns about some of the changes made that may see the victims of genuine injuries being short-changed owing to large cuts to the levels of awards. There is little indication, of course, that there will be a fall in insurance premiums. Regardless of all that, it is inexcusable that successive Governments and Oireachtasí have left this gaping hole in the PIAB regime unplugged.