Warns of lost opportunity if quasi-judicial option not considered
The Alliance for Insurance Reform has made a comprehensive submission to the Department of ~Enterprise’s public consultation on the future of the Personal Injuries Assessment Board, which closed on Saturday last. In it, the Alliance warns about the potential for a once-in-a-generation missed opportunity if the Department does not consider the development of PIAB into a quasi-judicial body.
Peter Boland, Director of the Alliance, said “The Alliance welcomes the public consultation on enhancing and reforming the Personal Injuries Assessment Board entered into by the Department of Enterprise, Trade and Employment. We have made a comprehensive submission providing both feedback and suggestions on behalf of the community & voluntary groups, charities, sports and cultural organisations and SMEs in our alliance.”
However, Tracy Sheridan, owner of Kidspace play centres in Rathfarnham and Rathcoole and director of the Alliance cautioned “The Department of Enterprise’s consultative process on PIAB has the potential to significantly impact the cost of personal injury claims and hence the cost of insurance. But it will be a once-in-a-generation missed opportunity if it does not consider the development of PIAB into a quasi-judicial body, along the lines of the Workplace Relations Commission, Residential Tenancies Board or An Bord Pleanála, with the ability to adjudicate on personal injury claims as well as assessing damages as it currently does.”
Peter Boland concluded “While the right of access to the courts must be protected, PIAB now has the experience and expertise necessary to facilitate it in adjudicating on personal injury claims. In addition, the recent adoption of Judicial Guidelines on damages for personal injuries mean that many more cases may be directed towards the District Courts which will present a capacity issue. PIAB is well-placed to adjudicate on such claims, therefore taking pressure off the Courts.
“We note the judgements and ruling of the Supreme Court in the case of Zalewski V the Workplace Relations Commission, Ireland and the Attorney General and welcome the clarity this ruling will provide in considering the establishment of PIAB as a quasi-judicial body. “