Noel Grealish (Galway West, Independent)
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79. To ask the Minister for Enterprise, Trade and Employment when he expects legislative changes to be enacted on the level of duty of care requirement under personal injury claims; when he anticipates that psychological damages claims will be included as part of PIABs remit; and if he will make a statement on the matter. [60178/22]

Dara Calleary (Mayo, Fianna Fail)
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The Action Plan on Insurance Reform sets out 66 actions being delivered across Government, to reform the insurance sector and is one of the most important reform programmes this Government will undertake.

- Principal actions delivered under the Plan to date include:

- The Personal Injuries Guidelines have been given effect.

- Legislation to strengthen the laws on perjury has been enacted.

- The Office to promote competition in the insurance market has been established.

I am currently progressing legislation through the Seanad to enhance and reform the Personal Injuries Assessment Board. This legislation will encourage more claimants and respondents to avail of the Board’s model through mediation and/or assessment and should lead to cost savings in the claims environment and contribute to reductions in insurance premiums.

The issue of duty of care falls under the responsibility of the Minister for Justice. Under action 24 in the Government’s Action Plan for Insurance Reform the Minister is progressing legislative proposals to reform the law relating to occupier’s liability and duty of care. These legislative proposals were introduced on the 22nd of November as amendments at Dáil Committee Stage to the Courts and Civil Law (Miscellaneous Provisions) Bill 2022. The proposals are designed to strike a new, fairer and more reasonable balance, between the steps an owner or operator of a premises must take to keep their customers and visitors safe, and what individuals themselves can be expected to take responsibility for when entering a business, club or community building. The proposals are in line with the Government policy objective of restricting the liability of occupiers. 

Regarding the inclusion of psychological claims within the remit of PIAB. The Personal Injuries Guidelines include level of damages for psychological injury. Since their introduction in April 2021, PIAB have been making assessments including for psychological injury under the Guidelines. The Personal Injuries Resolution Board Bill 2022 once enacted will also amend the Personal Injuries Assessment Board Act 2003-2019 in respect of PIAB’s assessment of these injuries.