Joint Committee on Enterprise, Trade and Employment publishes its report on the General Scheme of the Personal Injuries Resolution Board Bill (PIAB)

It relates to the Programme for Government commitment to enhance and reform the Personal Injuries Assessment Board (PIAB), commitments in the Action Plan for Insurance Reform and provides for a change of name to the Personal Injuries Resolution Board.

The Bill is the latest step in the reform of the personal injury claims landscape following the adoption and statutory implementation of the Personal Injuries Guidelines in April 2021.

It proposes to amend the Personal Injuries Assessment Board Act 2003-2019 to increase the number of personal injury claims settled through PIAB and to avoid the expense and time associated with litigation. 

It provides that: 

• PIAB will offer mediation as a means of resolving a claim

• PIAB will retain claims of a wholly psychological nature

• PIAB will have additional time to assess claims where an injury is yet to settle rather than releasing to litigation

• PIAB will promote public awareness and conduct public information campaign

• PIAB will seek proof of identity on application and may disclose information to An Garda Síochána to reduce fraud

• the Court’s discretion regarding costs in litigation will be tightened

The objective of the general scheme is to amend the legislation to facilitate an increase in the number of personal injury claims that may be resolved through the board. 

Committee Cathaoirleach Deputy Maurice Quinlivan said: “The Committee recommends the swift passage of this Bill and urge that the concentrated focus on delivering insurance reform should continue. It is encouraging to see that the new system of Quantum of Damages is bringing down the level of settlement. 

"However, the rates of litigation are still too high, and the proposed Bill should allow more to be settled by PIAB. Efforts must continue to achieve greater transparency in the sector, greater competition for the benefit of consumers, and greater consistency in claim handling to reduce unnecessary costs.”

The Bill also seeks to extend the powers of PIAB to assess more complex injuries to include psychological injuries and to increase the number of personal injury claims that can be resolved through PIAB by including these types of claims not previously assessed by them.

Deputy Quinlivan thanked the Department for their contributions and submissions to assist the Joint Committee in their analysis of the Bill. 

He added: “The Committee welcomes the intentions of the General Scheme and looks forward to further engagement on the Bill. I hope that when enacted it will be an important step in transforming the personal injury claims environment.” 

Notes to editor 

Read the full report here. 

Minister of State for Trade Promotion, Digital & Company Regulation, Mr Robert Troy, TD, referred the General scheme to the Joint Committee on Enterprise, Trade and Employment on 15 February with a request to commence pre-legislative scrutiny at the Committee’s earliest convenience. The Committee commenced pre-legislative scrutiny on the Bill on 30 March. The Committee held two meetings on the General Scheme.

The Department held a public consultation on reforming the Personal Injuries Assessment Board in March 2021, and 240 submissions were received from a broad range of stakeholders.