Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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65. To ask the Minister for Enterprise, Trade and Employment for an update on the Injuries Resolution Board’s mediation service for public liability personal injury claims; and if he will make a statement on the matter. [23057/24]

Dara Calleary (Mayo, Fianna Fail)
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The reform and enhancement of the Injuries Resolution Board, with the overarching aim to have more claims settled through the agency, has been a priority for me since taking office. This reform was achieved through the Personal Injuries Resolution Board Act 2022. One key measure introduced in the Act was the provision of mediation as a new service being offered by the Injuries Resolution Board.

I commenced the Act in three phases during 2023. In the final phase, on 14 December 2023, I commenced the section which authorised the Board to offer a mediation service, initially only in respect of Employer Liability claims, as a means of resolving personal injury claims.

On 8 May 2024 I commenced the introduction of the service in respect of Public Liability Claims. Under the legislation respondents have 90 days to respond to a notice of claim so it is too early to update on the service. However, in the mediation of employer liability claims, which has been in effect since December 2023, initial engagement with stakeholders has been positive, and figures indicate some 37% of claimants are opting for mediation. This is a very strong initial response.

I will commence the legislation providing for a mediation service for Motor Liability claims later this year.

Mediation is widely recognised as an effective way of resolving disputes quickly and in a cost-effective manner which will benefit those making the claim and the insured alike. The Board recently concluded its first successful mediation in only four months. This compares well against a year which it might have taken had it been assessed under the Board’s assessment process and extremely favourably against over four years of costly and stressful litigation, had it gone to court.

An extensive programme of stakeholder engagement and a communications campaign highlighting the benefits of mediation is being rolled out by the Injuries Resolution Board throughout 2024.

I expect that mediation alongside the recent Supreme Court judgement, in the Delaney test case, that the Personal Injuries Guidelines introduced in April 2021 are legally binding brings clarity and provides for a consistent personal injury awards system in our country.