Government leaves open possibility of turning PIAB into quasi-judicial body in future

four courts, dublin

9 April 2022

Robert Troy, minister of state in the Department of Justice, yesterday told TDs that it had taken 18 months to bring forward legislation to reform PIAB because he and the Attorney General “were going backward and forwards on this issue”.

The general scheme of the Personal Injuries Resolution Board Bill was published in February. Once enacted, PIAB will be known as the Personal Injuries Resolution Board (PIRB) and will begin to offer mediation as a means of resolving a claim.

James Lawless, a Fianna Fáil backbencher and chair of the Oireachtas justice committee, welcomed the focus on alternative dispute resolution but called on Mr Troy to “re-examine this issue” of making PIAB a quasi-judicial body.

“These kinds of quasi-judicial bodies can operate very well and successfully and relieve the strain on the courts while reducing costs for all,” he said.

Mr Troy said the Attorney General had strongly argued against such a move on the basis that it “might impinge on the constitutional right of access to justice delivered by the courts, as well as the primacy of the courts regarding the administration of justice, particularly in respect of a body of common law”.

He said the Supreme Court decision in Zalewski v Workplace Relations Commission [2021] IESC 24 “provides important context for any consideration of a possible quasi-judicial role for PIAB”.

“While the Supreme Court found the WRC to be administering justice, it also found that this was permissible under Article 37 of the Constitution, given the limits of the subject matter applicable to cases coming before the WRC,” Mr Troy said.

“A similar argument may not be successful regarding PIAB, given that personal injury claims involve broader legal considerations that have been determined by the courts over time, rather than the statutory employment law issues which come before the WRC.”

However, the minister added: “We want to get this legislation enacted this year because we believe it will contribute to bringing down the cost of insurance. Equally, however, I still believe there is an opportunity to go further later.”

Follow us for the latest updates & news

Recent News

Autistic cinema manager wins €12k over discrimination in roster row

An autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The complainant's wife gave evidence...

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...