News & Events

Minister Calleary announces the first phase of the commencement of the Personal Injuries Resolution Board Act 2022

Dara Calleary TD Minister of State for Trade Promotion and Digital Transformation at the Department of Enterprise, Trade and Employment has signed the order to commence the first phase of provisions of the Personal Injuries Resolution Board Act 2022 which will come into operation on 13 February 2023.

Signing the commencement order Minister Calleary said: 

“Enactment and commencement of this legislation has been a priority for me since my appointment as Minister. I am pleased to announce the first phase of commencement of the provisions of the Personal Injuries Resolution Board Act 2022 will take effect from February 13th, 2023. This legislation will strengthen and enhance the PIAB framework.”

The commencement order means that from 13th February 2023:

  • Where a claim proceeds to litigation a PIAB assessment that has been accepted by a respondent will have the status of an offer of tender payment. This means where the court award is not greater than the value of the PIAB assessment the claimant will not recover their costs and will generally be liable for the respondent’s costs as well.
  • PIAB will have additional time to assess claims where an injury is yet to settle rather than releasing to litigation and will also assess claims of a wholly psychological nature.
  • It will be an offence to supply false information to PIAB and PIAB is empowered to disclose information to an Garda Síochána.
  • PIAB will deepen its research, analysis, and information awareness roles.

Minister Calleary added:

“This Government has prioritised and delivered insurance reform. While we are beginning to see the impact of this reform on motor insurance prices, it is time for the benefits to be realised in employer and public liability business lines.

“The PIRB Act will encourage more claimants and respondents to avail of an enhanced personal injuries resolution service, reducing the need to go to court and reducing the cost of personal injury claims.

“Alongside the provisions commenced with effect from February 13, further provisions due to be commenced in the coming months will allow an enhanced resolution board to offer mediation as a means of resolving a claim. I will continue to work with PIAB to ensure the remaining provisions of the new Act are commenced at the earliest opportunity.”

Note for editors

Personal Injuries Resolution Board Act 2022 (Commencement of Certain Provisions) Order 2023

The Personal Injuries Resolution Board Act was signed by the President on 13 December 2022. The Act amends the Personal Injuries Assessment Board Act 2003-2019 to increase the number of personal injury claims settled through PIAB and to reduce the expense and time associated with personal injuries litigation.

Minister Calleary has announced the following sections of the Personal Injuries Resolution Board Act 2022 will take effect from 13 February 2023:

  • section 1
  • subparagraphs (iii) and (iv) of section 7(a)
  • paragraph (c) of section 11
  • paragraph (b) of section 12
  • paragraphs (b) and (c) of section 13
  • sections 14, 15 and 16
  • section 17 (other than insofar as that section relates to the insertion, in subsection (1) of section 54 of the Principal Act of paragraph (aa))
  • section 18
  • sections 20, 21 and 22
  • section 25

About PIAB (Personal Injuries Assessment Board)

PIAB independently assesses claims for compensation arising from personal injuries sustained as a result of a motor, workplace, or public liability incident. Under the Personal Injuries Assessment Board Acts 2003-2019, all personal injury claims, with certain exceptions, such as medical negligence cases, must be submitted to PIAB unless they are settled by the parties involved at an early stage.

The Central Bank’s reporting under the National Claims Information Database shows that claims settled through PIAB are settled faster and have much lower legal costs than those settled by litigation, despite having similar award levels for claimants.

Insurance reform

The Programme for Government contains commitments to deliver an insurance system which is both affordable and reliable and one which underpins a vibrant economy. The ‘Action Plan for Insurance Reform’ was launched on 8 December 2020. The Action Plan sets out 66 actions for reform to bring down the costs for consumers and business and to introduce more competition into the market. Approximately 90% of the actions in the Plan have been delivered.