Dáil Éireann Debate, Tuesday - 2 October 2018
301. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the timeline for implementation of each of the 14 recommendations made by the Personal Injuries Commission regarding personal injury awards in tabular form. [39524/18]
View answerI was pleased to submit the Second and Final Report of the Personal Injuries Commission (PIC) to Government on the 18th September 2018. The publication of this Report now concludes the challenging work programme of the Personal Injuries Commission since its establishment in January 2017.
The establishment of the Personal Injuries Commission was one of the key recommendations from the Report of the Cost of Insurance Working Group on the Cost of Motor Insurance approved by Government and published in January 2017. The Personal Injuries Commission was chaired by Justice Nicholas Kearns, former President of the High Court. The Personal Injuries Commission has made a total of 14 recommendations across its two reports which are aimed at positively impacting the overall Irish claims environment.
The Second and Final Report of the Personal Injuries Commission makes ten recommendations and the implementation of which will be a matter for each of the bodies responsible. The Report does not specify timelines for the implementation of the recommendations due to the nature of them, however it is expected that they will be acted upon by the bodies responsible as soon as possible.
In this regard, I am writing to relevant Government colleagues, the Minister for Justice and Equality and the Minister for Health, and other organisations including the Garda Commissioner, Insurance Ireland, The Law Society, The Council of the Bar of Ireland and the Law Reform Commission seeking co-operation in advancing the implementation of the recommendations relevant to them.
The Second and Final Report of the Personal Injuries Commission also provides an update on the recommendations from the First Report.
As the Personal Injuries Commission was established following a recommendation in the Cost of Insurance Working Group Report on the Cost of Motor Insurance published in January 2017, it is intended that progress on implementation will be monitored through the Cost of Insurance Working Group Quarterly Progress Reports published by my colleague Minister of State Michael D’Arcy.
The table sets out the timelines for implementation of the recommendations from the First Report.
Recommendations from the First Report of the Personal Injuries Commission
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Recommendation |
A Standardised Approach to examination of and reporting on soft-tissue injuries should be adopted. |
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Suggested timeframe for implementation |
To allow for the changeover in examination and reporting procedures it is suggested that a timeframe of by mid-2018 is appropriate |
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1. The Quebec Task Force (QTF) Whiplash Associated Disorder (WAD) grading should be used going forward by all medical professionals reporting on relevant injuries. |
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2. The Neck Disability Index (NDI) and Visual Analogue Scale (VAS) should be included going forward as part of personal injury medical reporting examinations. |
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3. Additional tests should be at the discretion of the examining medical professional. |
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4. The template form included in Appendix 6 of the Report should be used by examining medical professionals in all relevant cases. 4 a) Insurers should ensure that all cases commissioned by them from medical examiners going forward are completed in line with the template form 4 b) PIAB should redesign their Form B going forward to reflect the recommended standardised template. 4 c) Court Rules changes should be considered which would require reports to be produced using the standardised format. 4 d) The use of standardised Medical reports should be included in any pre-action protocol developed for personal injury claims. |
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Action Points |
5. Relevant medical professional bodies to publish, as soon as possible, guidelines in respect of training for use by medical professionals. |
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Recommendation |
Training and Accreditation of medical professionals who complete personal injury medical reports should be promoted. This should become ‘Best Practice’ and training should be introduced at the CPD level. |
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Suggested timeframe for implementation |
By end 2018 |
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1. All those involved in commissioning reports should ensure the use of accredited medical professionals for completion of their personal injury medical reports, when the relevant training and accreditation programmes are in place. |
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2. Members of the PIAB panel completing personal injury medical reports should in respect of completion of relevant injury medical reports, when the relevant training and accreditation programmes are in place, be accredited accordingly. |
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3. The Accreditation requirement should be included in any pre-action protocol developed for personal injury claims. |
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Action Points |
4. The quality of the training should be monitored from implementation in the same manner applicable to existing CPD programmes. |
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5. The CPD training could be delivered by individual medical professional bodies to their members or by independent training providers to medical professional bodies and medical practitioners. |
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Recommendation |
Link future publications of the Book of Quantum to the newly standardised examination and reporting injury categories i.e. ‘whiplash’ soft-tissue injuries / QTF WAD scales. The Cost of Insurance Working Group report of January 2017 recommends that the next review of the Book of Quantum should take account of the output of the work of the PIC. This recommendation highlights the output of the initial PIC report in terms of its potential impact on this next review. |
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Suggested timeframe for implementation |
2019 when the next Book of Quantum is due for publication |
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Action Points |
1. PIAB to consider in the context of the next Book of Quantum. |
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Recommendation |
Relevant injury data should be collated and published by appropriate bodies |
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Suggested timeframe for implementation |
By end 2018 |
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1. PIAB to produce information going forward relating to the incidence of ’whiplash’ soft-tissue injuries. |
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Action Points |
2. Other relevant bodies to publish data relating to the incidence of ‘whiplash’ soft-tissue injuries. There may be merit that such data available from insurers forms part of the National Claims Information Database which is being developed by the Central Bank of Ireland and which needs consideration by the relevant parties involved. |
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Suggested timeframe for implementation |
By end 2018. |
