Dáil Éireann Debate, Thursday - 26 April 2007
43 Mr. Eamon Ryan asked the Minister for Enterprise, Trade and Employment the communication he has had with the Personal Injury Assessment Board regarding the preference of many claimants for court action over PIAB awards in the hope of larger compensation packages; his views on whether amending legislation is necessary to arrest this trend; and, if so, the expected publication date and statutory provisions of the legislation. [15607/07]
Amharc ar fhreagraPersonal Injuries Assessment Board awards mirror Court Awards, as both refer to a Book of Quantum to determine the appropriate award to be given. Some claimants, as is their right, choose to reject the award and commence litigation proceedings in the hope of receiving greater compensation. I have no proposals to interfere with this right.
The PIAB is a new body that has significantly changed the environment for making personal injuries claims. It was always expected that a certain proportion of assessments would be rejected and my Department is regularly briefed by the PIAB on the level of acceptance of PIAB assessments. Approximately 9,300 assessments have been made to date, 6,500 of these having being made by the end of 2006. Of the assessments issued 4,976 have been accepted, 3,011 have been rejected and authorized to proceed to litigation and responses are awaited on the balance. Some of the rejected assessments will have been resolved since PIAB involvement and others will proceed to the Courts.
However, notwithstanding the foregoing, I am proposing to publish legislation shortly to give effect to a Joint Oireachtas Committee on Enterprise and Small Business recommendation that where, not having accepted a PIAB award, the subsequent court award is not greater than the PIAB award, legal costs should not be allowed to the claimant.
