John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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794. To ask the Minister for Jobs, Enterprise and Innovation the options available to a person (details supplied) who has received an assessment through the personal injuries assessment board. [20693/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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In accordance with Section 38 (2) of the Personal Injuries Assessment Board Act 2003 an order to pay provides that the respondent to whom it is issued is liable to pay to the claimant the amount of damages specified in the assessment together with the amount of any costs directed to be paid. An order to pay operates as if it were a judgment of a court given for the amount concerned and accordingly provisions relating to the recovery of debt apply to the order to pay as they apply to a judgment of court. (Section 40 (2) of the Act).

The issue of liability for payment of claims due by Setanta Insurance has been awaiting the outcome of legal proceedings in the case of the Law Society of Ireland versus the Motor Insurers' Bureau of Ireland (MIBI). On 4 September 2015, the High Court held that the MIBI is liable in respect of claims against the policy holders of Setanta. This decision was subsequently appealed by the MIBI and the Court of Appeal upheld the High Court decision in March of this year.

The MIBI has recently been granted leave to appeal the Court of Appeal judgment to the Supreme Court.