Seanad debates

Tuesday, 22 November 2022

Personal Injuries Resolution Board Bill 2022: Second Stage

 

2:30 pm

Photo of Maria ByrneMaria Byrne (Fine Gael) | Oireachtas source

I thank the Minister of State for coming before the House today to discuss this all-important issue. I compliment him, his staff and all in the Department on the work they have put into this. I held a public meeting on insurance with the Tánaiste in the past and addressed the issue of insurance reform in a number of other organisations. Some of the revelations by not only small businesses but big businesses were absolutely frightening. I welcome the fact that this Bill is coming forward.

Senator Crowe referred to small as well as large businesses. The cost of insurance has in many cases gone absolutely through the roof. Even going back to Covid-19, while they were not small injuries claims, many people took businesses to court for things like asking them to wear a mask. People actually took businesses to court and got money out of them. It really is not acceptable. When we were going through Covid-19 in very difficult times, businesses had signs up very clearly asking people to please wear their masks. Many claims were coming through at the time that possibly were not warranted.

To follow on from what Senator McDowell said, we are very lucky that we have had an ice-skating rink in Limerick for the last 20-odd years.I see the one in Galway is not operating this year because of the high cost of insurance. Things like that really resonate with businesses. My understanding is the business in Galway employed 25 people, and while it was seasonal for six or eight weeks, 25 people had jobs for the duration. I understand the quote for insurance was somewhere in the region of €50,000 to €60,000 a week, although it did not have any proven personal injury claims against it. That is my understanding of the situation. While there are people who take claims and genuinely deserve the money, others take claims that are not always warranted. The Bill goes a long way.

The Minister of State has engaged with the Alliance for Insurance Reform and small and large businesses. It is also most welcome that the Bill went through pre-legislative scrutiny at the committee. People had the opportunity to make submissions. The Bill strengthens the remit of the board and puts it on a stronger standing. I picked out a few points that I believe are strong measures. These are: "to facilitate the resolution of claims through mediation ... to collect and publish information relating to personal injury claims, including awards made under the personal injury guidelines ... to conduct or commission research, analysis or studies on matters relating to the function of the board; and ... to promote awareness of the role of the board and the benefits of resolving claims through it". These four points are very important.

Senator McDowell referred to the setting up of PIAB. I am aware of the amount of work the former Minister, Ms Harney, put into it. Although it was working, the Bill has made it even stronger. It is going to help many small businesses and people to get their cases resolved quickly. It often took cases many years to go through the courts. While I am not a legal person, I have worked with people who have had claims and they were taking far too long. I believe that cases must be concluded within a specified amount of time. The strength of the board is being increased. Mediators now have a very important role to play. In many cases, bringing in a mediator to work with the person being claimed against and the claimant often helps to bring the two sides together and to bring sense to the situation.

I welcome that the Minister of State has had extensive engagement with the consumer. I compliment all involved in the Bill and I look forward to working with the Minister of State in the future. I also welcome his commitment to review the working of the Bill in 12 or 18 months.

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