Dáil ReportThe controversial personal injuries' Bill was defended by Minister for Enterprise Trade and Employment Micheál Martin in the face of Opposition criticism.
Mr Martin warned that it had been projected by the Personal Injuries Assessment Board (PIAB) that the absence of corrective legislation had the potential to lead to the rejection of almost all assessments which subsequently proceeded to litigation for the sole purpose of securing costs.
"I wish to emphasise to the House that this Bill will in no way limit claimants' range of choices or access to the courts," he added.
"The current amendment is a short technical proposal designed to address a significant risk to the intent of the Act."
Mr Martin said that the purpose of the Personal Injuries Assessment (Amendment) Bill 2007, which was passed, was to provide that, in certain circumstances, a claimant would not be entitled to legal costs. This would be when a claimant rejected a PIAB assessment accepted by a respondent and where there was failure in any subsequent proceedings to get more than the amount of the PIAB assessment.
He recalled that the PIAB was established in April 2004 as part of the Government's insurance reform programme, with the aim of allowing certain classes of personal injury claim, where liability was uncontested, to be settled without the need for the costs associated with litigation.
The PIAB was now assessing claims three times faster and four times cheaper than under the old litigation system, he said. By the end of May, the PIAB had made savings of more than €45 million on total awards of €115 million.
Fine Gael's Phil Hogan said that the Bill was a serious step in terms of citizens' rights, "aiming as it does to restrict, through discouragement, the exercising of the legitimate democratic and legal rights of citizens".
He referred to the case of a woman being offered €14,000 by the PIAB in a case she took against Bus Éireann. The company fought the case and the court awarded her €40,000.
"If we enact this legislation, that lady will get €14,000 in a similar case. She will not have the prospect of going to court to get €40,000," he added.
