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Personal Injuries Resolution Board Bill 2022

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Ireland

The Programme for Government published in October 2020 set out a range of measures aimed at improving the motor, public liability and employer liability insurance sector. The Government subsequently established a sub-group on insurance reform chaired by An Tánaiste. Its first task was to develop an action plan for insurance reform to ensure that the commitments made in the Programme for Government were achieved within the anticipated timeframes.

One of the principal actions identified in the action plan was to enhance and reform the role of the Personal Injuries Assessment Board ("PIAB"), including through legislation.

The newly published Personal Injuries Resolution Board Bill 2022 ("the Bill") seeks to achieve that objective by expanding the remit of PIAB by allowing it to offer the following improvements;
  • Allowing PIAB to engage in mediation of personal injury claims;
  • Allowing PIAB to retain claims of a wholly psychological nature.
  • Allowing to have additional time to assess claims where an injury is yet to settle rather than releasing to litigation.
  • Allowing PIAB to seek proof of identity on application and allowing it to disclose information to An Garda Síochána to reduce fraud.
  • Tightening the Court’s discretion regarding costs in litigation.  
The purpose of the legislation is to widen the range of services that PIAB can offer and to further reduce the number of claims that enter the civil litigation system.

The Bill is currently in the Seanad Third Stage at the Oireachtas. The Oireachtas rises this week and is due to be back in September and it remains to be seen how quickly this new act will be signed into law.

Written by Leanne Kiernan

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