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Insurance Industry

Dáil Éireann Debate, Tuesday - 24 July 2018

Tuesday, 24 July 2018

Questions (1225)

John Brassil

Question:

1225. Deputy John Brassil asked the Minister for Business, Enterprise and Innovation if changes to the approach in calculating the Book of Quantum using the cap and concept of proportionality already established by the Court of Appeal will be implemented; and if she will make a statement on the matter. [32679/18]

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Written answers

The Personal Injuries Assessment Board (PIAB) is an independent statutory agency and I, as Minister, am not permitted in my executive function to interfere in any way with the day to day operations and functions of PIAB.

Section 54 of the Personal Injuries Assessment Board Act 2003 sets out the principal functions of the Board. Section 54(1)(b) states: ‘to prepare and publish a document (which shall be known as the ‘‘Book of Quantum’’) containing general guidelines as to the amounts that may be awarded or assessed in respect of specified types of injury’.

The Book of Quantum, originally produced in 2004, was revised in October 2016. The publication was compiled by independent consultants and commissioned by PIAB. This revised Book of Quantum is based on a detailed analysis of 51,000 closed personal injury claims from 2013 and 2014 and includes compensation awards from Court cases, insurance company settlements, State Claims Agency cases and data relating to awards of the Personal Injuries Assessment Board. It also contains more granular detail on injuries and new injury types and more narrowly defined compensation bands.

The figures contained in the Book of Quantum are not binding on Judges, however under the Civil Liability and Courts Act 2004, the Judiciary are required to have regard to the Book of Quantum in assessing damages.

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