Written answers

Friday, 6 September 2019

Department of Justice and Equality

Personal Injury Claims

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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585. To ask the Tánaiste and Minister for Justice and Equality the estimated cost of establishing and the annual cost of running the register of personal injuries actions in accordance with section 30 of the Civil Liability and Courts Act 2004. [35352/19]

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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586. To ask the Tánaiste and Minister for Justice and Equality the challenges created by the establishment of the register of personal injuries actions in accordance with section 30 of the Civil Liability and Courts Act 2004; the impact of same on GDPR and other data protection law; and the way in which it could be overcome. [35353/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 585 and 586 together.

My Department submitted a report detailing some of the challenges in establishing a register of personal injuries actions to the Cost of Insurance Working Group in February this year, following its review of section 30 of the Civil Liability and Courts Act 2004.

The main conclusion of the report is that the Courts Service does not recommend proceeding with the setting up of a register at this time. The reasons cited in the report include: data protection concerns, technical/resources considerations, and the perceived limited benefits from developing a register that only includes Court actions.

In summary, a number of challenges have been identified in collating the type of data sought on personal injuries actions claimants. The Courts Service recommended, as conveyed in my Department’s report to the working group in February 2019, that these challenges could be most effectively overcome through the appropriate use of the proposed new courts Civil Case Management System. This system would include all civil litigation details including personal injuries actions. This is particularly relevant given that GDPR standards and compliance have developed considerably in law since the Civil Liability Act was enacted in 2004.

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