Alan Kelly
Ceist:112. Deputy Alan Kelly asked the Taoiseach if he will report on his recent discussions with the President of the United States. [60113/21]
Amharc ar fhreagraTaoiseach's Meetings and Engagements
Ceisteanna (112)
Freagraí scríofa
I have had a number of recent contacts with the President of the United States. I most recently spoke to him by phone on 14 November.
I spoke to him in person in the margins of the World Leaders’ Summit at COP26, when he reaffirmed his full commitment to protecting the Good Friday Agreement, and I expressed my appreciation for the strong position he has taken in that regard.
As part of my programme for the 76th Session of the UN General Assembly in New York, I participated remotely in a Global Vaccine Summit hosted by President Biden on 21 September.
I look forward to participating virtually in the Summit for Democracy which President Biden is hosting on 9-10 December.
Departmental Expenditure
Ceisteanna (113)
Catherine Murphy
Ceist:113. Deputy Catherine Murphy asked the Taoiseach the amount expended by his Department in each of the past five years to date in 2021 on lighting and heating costs in tabular form. [59713/21]
Amharc ar fhreagraFreagraí scríofa
Energy usage in the Government Buildings complex, which includes the Department of the Taoiseach, is administered by the Houses of the Oireachtas. Energy usage in the Department is incurred for lighting, heating, air-conditioning, hot water, office and IT equipment. The amount expended by my Department on lighting and heating in the past five years is set out in tabular form as follows:
|
Heating |
Lighting |
|
|
2017 |
€71,359.24 |
€118,879.77 |
|
2018 |
€76,490.42 |
€116,251.09 |
|
2019 |
€81,197.74 |
€117,751.47 |
|
2020 |
€72,917.09 |
€132,827.94 |
|
2021 to end November |
€67,778.28 |
€127,606.98 |
Departmental Properties
Ceisteanna (114)
Catherine Murphy
Ceist:114. Deputy Catherine Murphy asked the Taoiseach the steps he has taken to improve ventilation in the office buildings of his Department; if air cleaning and or purification systems have been installed in 2021; and if not, the plans to install same in 2022. [59731/21]
Amharc ar fhreagraFreagraí scríofa
My Department will continue to comply with latest public health advice and the Work Safely Protocol in relation to attendance by staff in the workplace. Most staff are working from home unless it is necessary to attend the workplace in person. The Department is maintaining its regime of COVID measures in the workplace to ensure the safety of staff who continue to attend, including significantly reduced attendance, maintaining social distancing at all times, signage, cleaning and ventilation. The accommodation used by my Department is provided and managed by the Office of Public Works. The OPW has provided advice and guidance with regard to ventilation based on the recommendations contained in the Government’s Work Safely Protocol. My Department is fully compliant with these guidelines and there are currently no plans to install air cleaning or purification systems.
Protected Disclosures
Ceisteanna (115)
Mairéad Farrell
Ceist:115. Deputy Mairéad Farrell asked the Taoiseach the number of protected disclosures made to him concerning his Department and bodies under its aegis in 2018, 2019 and 2020. [59920/21]
Amharc ar fhreagraFreagraí scríofa
My Department has received no protected disclosures from serving or former staff of the Department or the National Economic and Social Development Office, the only body under the aegis of my Department, during the period in question.
Social Enterprise Sector
Ceisteanna (116)
Brendan Smith
Ceist:116. Deputy Brendan Smith asked the Taoiseach the level of funding to be provided by his Department in 2022 for the promotion and support of the social enterprise sector. [59945/21]
Amharc ar fhreagraFreagraí scríofa
There is no provision in my Department’s budget allocation for the promotion and support of the social enterprise sector in 2022.
Company Law
Ceisteanna (117)
Cian O'Callaghan
Ceist:117. Deputy Cian O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will ensure that companies honour warranties on their products; if so, if this will be unaffected by independent repairs; and if he will make a statement on the matter. [59785/21]
Amharc ar fhreagraFreagraí scríofa
Consumers have protection under both EU and domestic legislation when they purchase a product. According to our sale of goods legislation, if the product received is not of satisfactory quality, fit for purpose or does not match the description given to the consumer, they have a right to certain remedies including repair, replacement or a refund. Section 53(2) of the Sale of Goods Act 1893 states, that where a buyer deals as consumer and the seller refuses, or fails within a reasonable time, to remedy a breach of a condition implied into the sales contract by the Act, the buyer is entitled ‘to have the defect constituting the breach remedied elsewhere and to maintain an action against the seller for the costs thereby incurred by him’. Under S.I. No. 11/2003 - European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 products must be ‘in conformity’ with the contract. To be in conformity, the products must meet specific conditions about quality. This is known as the legal guarantee. The legislation includes a reverse burden of proof so where a problem with a product arises within 6 months, it is presumed that it was there at the time of delivery and it is up to the trader to prove otherwise. After this period the consumer must prove that the problem existed at the time of delivery and must make their claim within 6 years of delivery.
In addition to the legal guarantee, some traders also offer consumers other after-sales services in the form of commercial guarantees or warranties. These cover faults that arise with a product after use by the consumer for a specific period of time. Commercial guarantees are generally offered for free by a trader but often require the consumer to register and provide certain data to the trader in order to apply. On the other-hand a warranty can be provided for a set fee and, like insurance, may cover things like accidental damage.
Because commercial guarantees and warranties are offered as an additional service to consumers, their terms and conditions can vary from trader to trader. However, they cannot contain unfair terms or seek to adversely affect a consumer's statutory rights. If they do contain this sort of term, it will not be legally binding on the consumer. The Competition and Consumer Protection Commission ("CCPC") recommends that consumers always check the terms and conditions of their guarantee or warranty to see if it will be affected by independent repairs.
If a trader refuses to honour a commercial guarantee or warranty, both are enforceable under contract law through the Courts (incl. the Small Claims procedure). Where a consumer has a query on their rights in relation to these agreements, or wants to make a complaint, they can contact the CCPC helpline for further information. The CCPC has also published some useful consumer advice on their website in relation to guarantees and warranties here: www.ccpc.ie/consumers/shopping/buying-goods/guarantees-and-warranties/.
In terms of updating the law, the Consumer Rights Bill is currently being drafted by my Department and will further strengthen consumer rights in relation to both the legal (statutory) and commercial guarantees. Part 2 of the Bill will transpose the new Directive (EU) 2019/771 on contracts for the sale of goods into Irish law. Under the Directive commercial guarantees are broadly defined as:-
‘any undertaking by the trader or a producer to the consumer, in addition to the trader’s legal obligations relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in relevant advertising’ .
In relation to independent repairs there will positive changes implemented by the Bill. Under the legal guarantee, the Bill sets out detailed rules for the remedies of repair, replacement, price reduction and termination where there is a lack of conformity of the goods with the contract. The Bill further states that the consumer can have any lack of conformity remedied elsewhere and recover all reasonable costs in doing so from the trader.
The Bill also includes more detailed provisions in relation to unfair contract terms which will apply to all consumer contracts, including commercial guarantees and warranties offered by traders to consumers. It includes a blacklist of unfair terms as well as a list of contract terms presumed to be unfair. This latter list includes 'A term which has the object or effect of preventing without a valid reason the consumer from obtaining repairs or spare parts from another trader.' The Scheme of the Consumer Rights Bill recently went through pre-legislative scrutiny and my officials have assured me that the Bill will be ready for publication in the very near future.
Legislative Measures
Ceisteanna (118)
Louise O'Reilly
Ceist:118. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if the consultation process has commenced regarding the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021; and the associations and organisations that will be consulted. [59806/21]
Amharc ar fhreagraFreagraí scríofa
The Government has agreed to a timed amendment to the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021.
This will allow time, as I outlined on the floor of the Dáil, to examine the issues carefully and to ensure that all stakeholders are consulted.
This process will commence as soon as possible and will involve engagement with organisations representing retired workers.
Company Law
Ceisteanna (119)
Catherine Connolly
Ceist:119. Deputy Catherine Connolly asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 141 of 24 March 2021, the steps he plans to take to ensure that the Competition and Consumer Protection Commission secures a copy of the report for the Irish owners who risk losing their family homes given that 12 owners have received demand letters from a solicitor (details supplied) on behalf of a bank which have been followed in five cases with European enforcement orders which under European Union legislation cannot be contested; and if he will make a statement on the matter. [59824/21]
Amharc ar fhreagraFreagraí scríofa
One of the primary functions of the Competition and Consumer Protection Commission (‘CCPC’) is to enforce consumer protection law in Ireland. For cross border consumer protection issues, the CCPC is part of the European Consumer Protection Co-operation (CPC) Network, which is comprised of national authorities responsible for enforcing EU consumer protection laws. This network protects consumers when conducting transactions across national borders and allows consumer protection agencies to co-operate to resolve particular consumer issues. I am advised by the CCPC that the CPC Network is central to addressing this matter, which involved the purchase of properties in France. These properties were developed, marketed, sold and managed by French traders under a French ‘Residence de Tourisme’ scheme devised by the French Government to provide tourist accommodation in France. Under the European CPC network, the appropriate authorities to conduct an investigation in relation to this matter are the French consumer protection authorities – Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (‘DGCCRF’).
The CCPC assures me that it has engaged with the DGCCRF with respect to the issues highlighted by Irish property purchasers of these French properties. The CCPC received complaints from Irish property purchasers and provided an initial preliminary assessment to the DGCCRF for over 150 complainants. Following consultation with the DGCCRF, the CCPC collated and transferred to the DGCCRF the transactional documentation of over 150 Irish complainants. The CCPC has and continues to provide significant time and resources to this matter and to supporting the DGCCRF investigation. In addition, throughout the period of engagement with the DGCCRF, whenever issues have been raised by complainants or where they have requested the CCPC to forward additional documentation to DGCCRF in relation to any matters, the CCPC has done so and acted in accordance with DGCCRF instructions to ensure compliance with French legal requirements regarding criminal investigations.
The DGCCRF are investigating the issues that were referred to the CCPC by the complainants involved. The primary focus of the CCPC is to continue to support the DGCCRF investigation through providing any assistance or information requested by the DGCCRF. The CCPC has not yet received the final report of the DGCCRF investigation. The CCPC has kept lines of communication open with the complainants and has updated complainants when such updates have been provided by the DGCCRF. That will continue to be the case. The DGCCRF have advised that they will inform the CCPC when reports are handed over to the Public Prosecutor in France and they will draw the Public Prosecutor’s attention to the importance of keeping Irish complainants informed about the state of play of proceedings.
The CCPC further assures me that it has notified the DGCCRF of recent developments including the European Enforcement Orders that are referred to and the seriousness of these for the individuals involved.
The CCPC considers this matter as a high priority issue and one to which considerable resources have been dedicated.
Legislative Measures
Ceisteanna (120)
Róisín Shortall
Ceist:120. Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment if he is giving consideration to the provisions of the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021; and if he will make a statement on the matter. [59827/21]
Amharc ar fhreagraFreagraí scríofa
The Government has agreed to a timed amendment to the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021.
This will allow time, as I outlined on the floor of the Dáil, to examine the issues carefully and to ensure that all stakeholders are consulted.
I have given the matter careful consideration and to this end a consultation process will commence as soon as possible and will involve engagement with organisations representing retired workers.
Covid-19 Pandemic Supports
Ceisteanna (121)
Jennifer Whitmore
Ceist:121. Deputy Jennifer Whitmore asked the Tánaiste and Minister for Enterprise, Trade and Employment the supports that are available to SMEs such as in a company (details supplied) which has seen 28 birthday parties cancelled since Government comments regarding restricting birthday parties over the Christmas period due to Covid-19 numbers; and if he will make a statement on the matter. [59828/21]
Amharc ar fhreagraFreagraí scríofa
Since the outbreak of COVID-19 the Government has worked to support businesses through a wide range of financial measures including the wage subsidy scheme, COVID-19 Working Capital Scheme, the COVID-19 Credit Guarantee Scheme, the Future Growth Loan Scheme, commercial rates waivers and warehousing of tax liabilities. Details of all supports for businesses can be found on my Department’s website: Government supports for COVID-19 impacted businesses - DETE (enterprise.gov.ie).
On 3rd December the Government agreed additional public health measures to help to reduce the spread of COVID-19 and announced a package of supports for businesses impacted by these measures.
Supports will include an enhanced CRSS scheme which will be introduced by the Minister for Finance for impacted sectors to supplement existing EWSS payments, a further extension of the current targeted commercial rates waiver for the first quarter of 2022, and there will be a reopening of the Pandemic Unemployment Payment for workers who lose their jobs as a result of the new health restrictions.
It is important to note that all business supports are being kept under review by Government to ensure that they are timely and target those that need them the most.
Covid-19 Pandemic Supports
Ceisteanna (122)
Marian Harkin
Ceist:122. Deputy Marian Harkin asked the Tánaiste and Minister for Enterprise, Trade and Employment the specific supports that are available for the indoor play sector whose business has collapsed in recent days due to new Covid-19 restrictions; and if he will make a statement on the matter. [59831/21]
Amharc ar fhreagraFreagraí scríofa
Since the outbreak of COVID-19 the Government has worked to support businesses through a wide range of financial measures including the wage subsidy scheme, COVID-19 Working Capital Scheme, the COVID-19 Credit Guarantee Scheme, the Future Growth Loan Scheme, commercial rates waivers and warehousing of tax liabilities. Details of all supports for businesses can be found on my Department’s website: Government supports for COVID-19 impacted businesses - DETE (enterprise.gov.ie).
On 3rd December the Government agreed additional public health measures to help to reduce the spread of COVID-19 and announced a package of supports for businesses impacted by these measures.
Supports will include an enhanced CRSS scheme which will be introduced by the Minister for Finance for impacted sectors to supplement existing EWSS payments, a further extension of the current targeted commercial rates waiver for the first quarter of 2022, and there will be a reopening of the Pandemic Unemployment Payment for workers who lose their jobs as a result of the new health restrictions.
It is important to note that all business supports are being kept under review by Government to ensure that they are timely and target those that need them the most.
Legislative Measures
Ceisteanna (123)
Cian O'Callaghan
Ceist:123. Deputy Cian O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment when and the form that the promised consultation with retired workers’ representative bodies will take place in relation to the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021; and if he will make a statement on the matter. [59851/21]
Amharc ar fhreagraFreagraí scríofa
The Government has agreed to a timed amendment to the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021.
This will allow time, as I outlined on the floor of the Dáil, to examine the issues carefully and to ensure that all stakeholders are consulted.
This process will commence in the coming weeks and will involve both public consultation and engagement with organisations representing retired workers.
Foreign Direct Investment
Ceisteanna (124, 125)
Jackie Cahill
Ceist:124. Deputy Jackie Cahill asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason the IDA appointed solicitors in an attempt to evict a person from a property (details supplied); and if he will make a statement on the matter. [59885/21]
Amharc ar fhreagraJackie Cahill
Ceist:125. Deputy Jackie Cahill asked the Tánaiste and Minister for Enterprise, Trade and Employment the IDA’s position in relation to a property (details supplied); and if he will make a statement on the matter. [59886/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 124 and 125 together.
IDA Ireland continues to retain a freehold interest in the property referenced above, located at Knockanrawley, Tipperary Town.
I am advised that the IDA was recently made aware that activities being carried out at the property may be in breach of the user clause contained within the 999-year leasehold interest which formed part of the conditions of sale of the building.
IDA Ireland is in the process of investigating the current occupancy status at the property and no further comment will be made while this review is ongoing.
Question No. 125 answered with Question No. 124.
Protected Disclosures
Ceisteanna (126)
Mairéad Farrell
Ceist:126. Deputy Mairéad Farrell asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of protected disclosures made to him concerning his Department and bodies under its aegis in 2018, 2019 and 2020. [59909/21]
Amharc ar fhreagraFreagraí scríofa
In the period 2018 to 2020 five issues have been raised with my Department under The Protected Disclosures Act 2014 in relation to my Department or bodies under its aegis as protected disclosures.
The matters raised were dealt with in accordance with my Department's Protected Disclosures Policy, including referral to other Government Departments where appropriate.
In accordance with section 22 of the Protected Disclosures Act 2014 my Department publishes an annual report on its website setting out the number of issues raised and the actions taken (if any).
Social Enterprise Sector
Ceisteanna (127)
Brendan Smith
Ceist:127. Deputy Brendan Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment the level of funding to be provided by his Department in 2022 for the promotion and support of the social enterprise sector; and if he will make a statement on the matter. [59934/21]
Amharc ar fhreagraFreagraí scríofa
My Department does not provide funding for the social enterprise sector. Funding matters in respect of the social enterprise sector are a matter for my colleague Ms. Heather Humphreys TD., Minister for Rural and Community Development.
Health and Safety
Ceisteanna (128)
Richard Boyd Barrett
Ceist:128. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on the average time for an official complaint to the Health and Safety Authority to be processed and acted upon. [59964/21]
Amharc ar fhreagraFreagraí scríofa
The complaints mechanism operated by the agencies under the aegis of my Department, such as the Health and Safety Authority (HSA), is a day-to-day operational matter for the agency concerned. I have, however, asked the HSA to provide an outline of how their complaint mechanism operates.
The HSA operates under the Safety, Health and Welfare at Work Act, 2005 and associated regulations. The Workplace Contact Unit (WCU) is a helpdesk resource for employers, employees and members of the public provided by the HSA. The WCU is the primary point of contact for workers and employers for a range of topics including reporting workplace fatalities and serious incidents, making complaints relating to workplaces, and obtaining health and safety information.
Complaints received by the WCU can relate to workplace safety, health and welfare, chemicals or market surveillance. Employees making a complaint to the HSA are advised to raise the issue within their workplace first in order to give the employer an opportunity to address the matter prior to getting the HSA involved.
All complaints received by the HSA are considered important and treated seriously. Complaints received are initially reviewed to assess the most appropriate course of action, proportionate to the nature of the complaint. Complaints are prioritised on a risk basis, and as part of the response, the HSA may contact the employer/duty holder responsible for the workplace. As a first line of intervention, the WCU may correspond with the relevant employer/duty holder by telephone or written communication. Many complaints do not require further intervention beyond that provided by the WCU and do not lead to an inspection.
As each complaints are dealt with on a case-by-case basis, and in a manner which is proportionate to the nature of the complaint, it is not appropriate to provide average timelines. It might, however, be helpful to note that in the period from 01 January 2021 to 26 November 2021, the HSA received 4,782 complaints, of which 94% (4,782) have been closed out in full.
Departmental Schemes
Ceisteanna (129)
Sorca Clarke
Ceist:129. Deputy Sorca Clarke asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the planned statutory sick pay scheme; and if he will make a statement on the matter. [59992/21]
Amharc ar fhreagraFreagraí scríofa
This Government is committed to introducing a statutory sick pay scheme and work is well underway in this regard. Any move to introduce a statutory sick pay scheme must be balanced with the need to support the viability of the business and enterprise sector, thereby protecting jobs. My Department undertook a full public consultation, reviewed international best practice, and formed an interdepartmental group – to ensure that all views and issues were properly considered in the development of the scheme. The draft Heads of Bill have been published and are available on my Department’s website.In the first instance, the legislation will provide for a replacement rate of 70% of gross salary for a duration of 3 working days in a calendar year. Coupled with the 70% rate of pay, the application of a daily earnings cut-off point of €110 will ensure that employers do not face excessive costs and that jobs are not jeopardised.However, for those employers who are genuinely unable to cover the costs, we have, under Section 10 of the draft Bill, included a provision whereby an employer may seek an exemption from the Labour Court from the requirement to pay statutory sick leave for a period not less than three months and not more than twelve months.Pre-legislative scrutiny commenced on 10th November. Once this process is complete, I will seek Government approval to present the Bill to the Houses.
Work Permits
Ceisteanna (130)
Paul Murphy
Ceist:130. Deputy Paul Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the current processing times for employment permits for a person who is currently on a stamp 3 visa. [60122/21]
Amharc ar fhreagraFreagraí scríofa
The Department of Enterprise, Trade and Employment administers the employment permits legislation and criteria for the granting of employment permit permissions to work in the State. Immigration policy and the conditions attached to Stamp permissions falls under the remit of the Department of Justice. It should be noted that a Stamp 3 immigration permission provides permission to remain in the State for a specified period. Under a Stamp 3 a person cannot work or engage in any business during this time unless they secure an offer of employment in an eligible occupation and are granted an employment permit on that basis. A Stamp 3 Visitor is not eligible to apply for an employment permit.
The granting of immigration permission for either non-EEA nationals who have successfully secured an employment permit, or their spouses/partners, or the spouses/partners of Irish citizens is at the discretion of the Minister for Justice and the relevant criteria that must be met is a matter for the office of Immigration Service Delivery in the Department of Justice.
Covid-19 Pandemic
Ceisteanna (131)
Alan Farrell
Ceist:131. Deputy Alan Farrell asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of Irish efforts within the EU to waive vaccine patents for developing countries; and if he will make a statement on the matter. [60135/21]
Amharc ar fhreagraFreagraí scríofa
Universal and equitable access to safe, effective and affordable vaccines, diagnostics and treatments is crucial in the global fight against COVID-19.
International Trade is a competence of the EU under the Treaties and in exercising that competence, the European Commission engages fully with the Member States, including Ireland, through a variety of Committees and Working Parties/Groups, including on Intellectual Property.
The EU proposed an alternative to the TRIPS waiver that relates to the use of the flexibilities in the TRIPS Agreement. The proposal is targeted and pragmatic and aims at ensuring that governments can resort to compulsory licences, including to export to countries with no or limited manufacturing capacities, in the most effective manner adapted to the circumstances of a pandemic.
The EU is of the view that there is no single solution and that a multi-pronged approach is needed and that discussions should concentrate on how the Intellectual Property system can contribute towards increasing the manufacturing capacity and the equitable access to vaccines around the world.
Despite the postponement of the WTO Ministerial Conference, WTO members will continue to engage in a solution-oriented manner to find an outcome on how the WTO can contribute to an effective response to any pandemic, not just the current one.
Ireland will engage with the European Commission and other member states on the EU position for the WTO discussions including discussions on how the flexibilities within the TRIPS Agreement can contribute towards increasing the manufacturing capacity and the equitable access to vaccines around the world.
The global production of vaccines is increasing rapidly and it is estimated that 12 billion doses of COVID vaccines will be produced by the end of 2021. The EU considers that the COVAX Facility is the mechanism that is best placed to ensure that high-income countries finance the vaccines and support the developing countries to secure their share of global supply.
Team Europe has committed 200 million doses to reach low and middle-income countries by the end of this year, mainly through the COVAX initiative and is investing €1 billion to ramp up mRNA production capacity in Africa.
Ireland has contributed €7 million in funding to COVAX in 2021 and will donate 1.3 million vaccines this year to low-income countries as part of the COVAX programme. The first 500,000 Irish doses donated through the facility reached Nigeria on the 29th of November with further donations of Irish vaccines taking place in the coming weeks. In addition, Ireland has delivered on its commitment to donate 335,000 COVID-19 doses to Uganda.
Personal Injuries Assessment Board
Ceisteanna (132)
Holly Cairns
Ceist:132. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps he is taking to ensure that insurance companies must engage with the Personal Injuries Assessment Board process. [60188/21]
Amharc ar fhreagraFreagraí scríofa
The Personal Injuries Assessment Board Act 2003-2019 provides that all personal injury claims, with certain exceptions such as medical negligence cases, must be submitted to the Personal Injuries Assessment Board (PIAB) unless they are settled at an early stage between claimants and insurers/respondents.
Under PIAB legislation consent by a respondent for an assessment is voluntary. Following the formal notice of a claim made against them a respondent has 90 days in which to indicate if they consent to PIAB assessing the claim or not. A respondent may choose not to consent to an assessment if they are disputing liability. For 2020, PIAB reported a consent rate of 55%. This voluntary basis helps ensure that the PIAB process respects the right of access of parties to the courts.
Where an assessment is made, PIAB have historically recorded acceptance rates of just over 50%, made up of a respondent (usually an insurer) acceptance rate of about 90% and a claimant acceptance rate over 50%.
The Central Bank’s ‘National Claims Information Database – 3rd Private Motor Insurance Report’ published on the 16th of November highlighted the large savings in cost and time for claimants and respondents where claims are settled through the PIAB process. The Report found that while average award levels were broadly similar through PIAB and through litigation, for settlements that were less than €100,000 the average legal costs associated with settling claims through litigation were €16,064 compared to €841 through PIAB. The Report also found that the time taken to resolve claims through litigation is 4.2 years, compared to 2.3 years through PIAB.
I am now finalising legislative proposals to deliver on the commitments contained in the Programme for Government and the Action Plan for Insurance Reform to enhance and reform PIAB. My objective is to amend the Personal Injuries Assessment Board Act 2003-2019 to facilitate an increase in the number of personal injury claims that may be resolved through the PIAB process without recourse to litigation.
Personal Injuries Assessment Board
Ceisteanna (133)
Holly Cairns
Ceist:133. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps he is taking to introduce time limits to the Personal Injuries Assessment Board process to ensure the timely completion of cases; and if he will make a statement on the matter. [60189/21]
Amharc ar fhreagraFreagraí scríofa
The Personal Injuries Assessment Board (PIAB) facilitates the objective assessment of damages at a much lower delivery cost, and in a far shorter timeframe than through litigation.
Section 49 of the Personal Injuries Assessment Board Act 2003 provides that PIAB must assess claims within nine months of the respondent’s consent to the assessment process. In limited circumstances this may be extended by an additional six months. Further extension beyond this is only allowed with the consent of the claimant.
Notwithstanding the Covid pandemic, in 2020 PIAB processed over 26,000 claims with the average time taken to assess a claim, from the date of consent to the date of award, being nine months.
The Central Bank’s ‘National Claims Information Database – 3rd Private Motor Insurance Report’ published on the 16th of November 2021 highlighted PIAB’s valuable role in significantly reducing the timeframe for delivery of personal injuries awards and in greatly reducing associated costs.
The Report shows that while the average compensation award is broadly similar, the average time taken to resolve injury claims through PIAB is 2.3 years as against 4.2 years through litigation. It is important to note that on average a claim takes between 11-12 months from the date of an accident to the date a claim is made to PIAB.
I am finalising legislative proposals to deliver on the commitments contained in the Programme for Government and the Action Plan for Insurance Reform to enhance and reform PIAB. My objective is to amend the Personal Injuries Assessment Board Act 2003-2019 to facilitate an increase in the number of personal injury claims that may be resolved through the PIAB process without recourse to litigation, and thereby increasing the number of claims that are settled in a timely manner.