Dáil Éireann Debate, Tuesday - 10 February 2009
154 Deputy Michael Noonan asked the Tánaiste and Minister for Enterprise, Trade and Employment if it is permissible for persons who are not legally qualified to represent, for a fee, persons before the personal injuries tribunal and pursue a claim on their behalf; the regulations which control such a service; and if she will make a statement on the matter. [4270/09]
View answerI assume that the Deputy is referring to the Personal Injuries Assessment Board (PIAB), which now trades as InjuriesBoard.ie. The Board was established in April 2004, under the Personal Injuries Assessment Board Act 2003, as part of the Government's insurance reform programme, with the aim of allowing certain classes of personal injury claim, where liability was uncontested, to be settled without the need for the costs associated with litigation. Accordingly, the PIAB Act 2003 sets out the statutory functions of the Board and the process involved in assessing certain classes of personal injury claims.
InjuriesBoard.ie is not a tribunal, does not involve litigation and does not hold "hearings". It operates as an independent facilitator in the delivery of compensation entitlements in a fair and prompt manner for the benefit of society. As such, personal injury claim assessments are made on the basis of medical evidence.
All personal injury claims (with few exceptions such as medical negligence) must be submitted to InjuriesBoard.ie, unless settled directly between the parties. A claimant may submit an application directly to InjuriesBoard.ie or may chose to use an agent to submit a claim and to correspond with the Board on his/her behalf. Where a claimant uses an agent, the question of the fees charged is a matter between the parties involved.
The PIAB Act 2003 does not contain any provision which regulates the relationship between a claimant and any agent appointed to act on his/her behalf.
