Michael Lowry (Tipperary North, Independent)
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723. To ask the Tánaiste and Minister for Justice and Equality considering the work previously undertaken to replace the Book of Quantum and reduce personal injury awards in line with EU norms through the adoption of the Judicial Guidelines, if he will outline the rationale for any proposed increases to personal injury award levels now under consideration; the way in which the Department reconciles such proposals with the ongoing difficulties facing small businesses, community organisations, and leisure activity providers who continue to struggle with high insurance premiums; and if he will confirm what assessment has been made of the impact of rising personal injury awards on public liability insurance costs and community engagement across Ireland. [39251/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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It is important to note that, in reviewing the Personal Injuries Guidelines, the Judicial Council had regard to three issues in particular when considering the amendments.  The first was the fact that in the three years since the adoption of the 1st Edition, significant global and national inflation has occurred.  The second was the jurisprudence of the Superior Courts that has emerged in the same period regarding the proper approach to the assessment of damages in multiple injuries cases.  The third was the approach taken in the most comparable jurisdictions when they reviewed their awards.  As a consequence, the Judicial Council recommended an increase of 16.7% in awards which is in line with increases in the HICP over the relevant period.

In considering the proposed amendments, I have taken into account the Judicial Council report and the latest reports from the Central Bank of Ireland’s National Claims Information Database.  I am acutely aware of the concerns regarding the impact that amendments to the guidelines could have on insurance costs.  I am equally aware of the potential impact on the Personal Injuries Resolution Board and the claims process of not adopting the amendments.  

As Minister I am obliged under section 7 of the Judicial Council Act 2019 to lay the draft amendments before each House of the Oireachtas.  The proposed amendments cannot, however, come into operation until a Resolution approving them is passed by both Houses of the Oireachtas. Following extensive discussions on the matter with my Government colleagues, I intend to lay the amended Guidelines before the Houses but will not be bringing a Resolution seeking their approval.

As such, the Personal Injuries Guidelines as they currently stand will remain in place without any amendments increasing the amounts outlined.