Seán Haughey (Dublin Bay North, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

100. To ask the Minister for Enterprise, Trade and Employment his views on whether mediation can address a broader range of issues than those currently considered in the Injuries Resolution Board’s assessment service; and if he will make a statement on the matter. [23062/24]

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

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.

The Personal Injuries Resolution Board Act 2022 was enacted in December 2022 and commenced over three phases in 2023. The Act significantly introduces a mediation service by the Board to help resolve personal injuries claims. Mediation for employer liability injury claims was commenced by the Board on 14 December 2023, and extended recently to public liability injury claims on 8 May. I intend to extend the service to motor liability injury claims later this year. I believe it will result in more claims being settled through the Board in a faster timeframe and avoid the need for lengthy and costly litigation.

An extensive programme of stakeholder engagement highlighting mediation is being rolled out by the Injuries Resolution Board throughout 2024. Stakeholder engagement with the fora of the Department of Enterprise, Trade and Employment, including the Enterprise Forum and the Retail Forum, has already taken place.

Mediation is widely recognised as an effective way of resolving disputes quickly and in a cost-effective manner. It differs from the assessment of compensation service, in that a neutral experienced mediator will listen to all parties to gain a full understanding of the issues and will help the parties to reach a mutually acceptable solution to resolve all issues of the claim. Mediation also addresses a broader range of issues than the assessment service, including liability, claim value, extent of injury, and contributory negligence among others.

The mediation service is still 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; some 37% of claimants so far are opting for mediation which is a positive initial response.

The Board recently concluded its first successful mediation. The claimant had their claim resolved in only four months. This compares extremely favourably against over four years of costly and stressful litigation, had it had to go to court.

The Supreme Court judgement delivered on 9 April 2024 in Delaney v PIAB & others confirms that the Personal Injury Guidelines are constitutional and legally binding and that the approach taken by the Injuries Resolution Board in applying the Personal Injury Guidelines when assessing personal injury claims is correct. This brings clarity in the personal injuries claims environment and provides for consistent awards. This certainty will make the services offered by the Injuries Resolution Board, particularly mediation a very strong proposition.

Willie O'Dea (Limerick City, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

101. To ask the Minister for Enterprise, Trade and Employment when he will commence legislation to provide for mediation for motor liability personal injury cases; and if he will make a statement on the matter. [23060/24]

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The reform and enhancement of the Injuries Resolution Board has been a priority for me since taking 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 Injuries Resolution Board.

I commenced the Act in three phases during the course of 2023. On 14 December 2023, I commenced the section authorising the Injuries Resolution Board to offer a mediation service, initially only in respect of Employer Liability claims. On 8 May 2024, I commenced the service in respect of Public Liability Claims. I will commence the mediation service in respect of Motor Liability claims later this year.

Mediation is a significant step change for resolving injury claims. Mediation can address a broader range of issues than those currently considered in the Board’s assessment service, including liability, claim value, extent of injury, and contributory negligence among others. It also has the advantage of being quicker than assessment which will benefit those making the claim and the insured alike.

The Board has put in place a panel of professionally trained mediators to provide this service, which is entirely voluntary and wholly confidential. The Board recently concluded its first successful mediation with the claimant having their claim resolved in only four months. This compares extremely favourably against over four years of costly and stressful litigation, had it had to go to court.

An extensive programme of stakeholder engagement and a communications campaign highlighting mediation is being rolled out by the Injuries Resolution Board throughout 2024. Stakeholder engagement with the fora of the Department of Enterprise, Trade and Employment, including the Enterprise Forum and the Retail Forum, has already taken place in the first half of this year.

The Supreme Court judgement in Delaney v PIAB & others confirms that the Personal Injury Guidelines are constitutional and legally binding and that the approach taken by the Injuries Resolution Board in applying the Guidelines is correct. This ruling brings clarity to the personal claims environment and provides for consistent awards. This certainty makes the services offered by the Injuries Resolution Board, particularly mediation a very strong proposition.