Dara Calleary (Mayo, Fianna Fail)
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I welcome the Supreme Court’s ruling, in Bridget Delaney vs. the Personal Injuries Assessment Board, the Judicial Council, Ireland and the Attorney General, upholding the Personal Injuries Guidelines and affirming their constitutionality, and also confirming that the approach taken by the Injuries Resolution Board in applying the Personal Injury Guidelines is correct.

The implementation of the Guidelines alongside the strengthening of the Injuries Resolution Board formed a key part of the Government’s Insurance Reform Programme and ensures that there is consistency, predictability, and fairness in the assessment of compensation for personal injuries.

The application of the Guidelines has been responsible for a marked reduction in the costs of personal injury claims. The Central Bank’s third ‘National Claims Information Database - Employers’ Liability, Public Liability and Commercial Property Insurance Report’ published on 4 April 2024 shows that when the Guidelines were used to settle claims by the Injuries Resolution Board in 2022 this resulted in a 33 per cent reduction against the average cost of claims settled under the Book of Quantum in 2020.

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 my office. This reform was achieved through the Personal Injuries Resolution Board Act 2022. One of the key measures introduced in the Act was the provision of mediation as a new service being offered by the Board.

The mediation service is in its infancy and under the legislation respondents have up to 90 days to respond to a notice of claim so it will take time to see trends. Initial engagement with stakeholders has been positive, and figures indicate some 37% of claimants so far are opting for mediation with regard to employer liability claims which is a very strong and positive initial response.

The Supreme Court ruling should further increase confidence among claimants when having their claims assessed under the Guidelines, and lead to a higher acceptance rate for the Injuries Resolution Board. This judgement builds on the work that the state has already delivered on the Insurance Reform agenda and challenges insurers to reflect this in their premiums.