Minister Troy secures agreement to draft the Personal Injuries Resolution Board Bill

Bill aims to facilitate an increase in the number of personal injury claims that may be resolved through the Board’s process and without recourse to litigation.

The Minister of State for Trade Promotion, Digital and Company Regulation Robert Troy TD has received agreement from Government to commence drafting of the Personal Injuries Resolution Board Bill.

The General Scheme relates to the Programme for Government commitment to enhance and reform the Personal Injuries Assessment Board (PIAB) and commitments in the Action Plan for Insurance Reform. 

Announcing Government approval of the General Scheme, Minister of State for Trade Promotion, Digital and Company Regulation Robert Troy TD said

“Insurance reform is a continued priority for Government and as Minister responsible for PIAB, I am committed to delivering effective and impactful reform of the PIAB model that will reduce the cost of litigation and ultimately premiums.

“We know PIAB provides a time and cost-efficient alternative to litigating personal injury claims. The proposals approved by Government this week focus on enhancing the PIAB model to not only encourage more claimants and respondents to avail of its service but crucially to have their claims resolved also, thereby reducing the need to go to court.”

The General Scheme 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 deepen its analysis and public information roles.
• PIAB will seek proof of identity on application and disclose information to An Garda Síochána to reduce fraud.
• The Court’s discretion regarding costs in litigation will be tightened.

Given the proposals extend the Board’s remit and give it new statutory functions to resolve personal injury claims the General Scheme also provides for a change of name to the Personal Injuries Resolution Board.

The Minister continued:

“In developing these proposals, I met regularly with PIAB and a range of representative bodies to assess the role of PIAB itself and address how best to enhance and reform the Agency.  I also closely considered the wide range of proposals submitted to the public consultation I launched last year and the suggestions raised by stakeholders in my meetings with them.

“While there is no one simple solution to resolve the high cost of insurance in Ireland, it is my ambition that the new PIRB model will have more cases resolved through it in a timely, cost-effective way. I look forward to engaging with stakeholders as we progress to drafting and through the legislative process to ensure our reforms are robust and effective.”