Press release
Minister McEntee commences reformed Duty of Care legislation as key element of insurance reform
Published on
Last updated on
Published on
Last updated on
Minister McEntee has today commenced legislation which amends the Occupiers Liability Act, 1995.
These amendments update our duty of care legislation, striking the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.
These legislative updates contribute to the ongoing work on Insurance Reform, one of this government’s key priorities.
The amendments, building on a Review Paper prepared by the Department of Justice in February 2021, contain four key developments:
On the commencement of the legislation, Minister McEntee said:
“Insurance reform is very much a whole-of-government effort and I’m pleased to progress these important changes as part of that programme of reform.
"Of the 66 actions contained in the ‘Action plan on Insurance Reform’ my department has responsibility or part responsibility for 34 of these actions.
"One of these actions was to update our duty of care legislation. Commenced today, these changes strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.
“The commencement of this legislation marks an important step in our efforts to make insurance more available and cheaper.”
Other completed actions which the Department of Justice is responsible for include the introduction of Personal Injury Guidelines and increased coordination and cooperation between An Garda Síochána and the insurance industry.
A review of how the discount rate, used to determine the size of an award to compensate a person for damages, should be set has also been completed. Work is at an advanced stage to set the appropriate rate and Minister McEntee expects this to be in place later this year.
Minister McEntee added:
“The introduction of the Personal Injuries Guidelines has led to lower payouts for minor injuries and will speed up and reduce the costs of insurance cases.
"The establishment of the Insurance Fraud Coordination Office, opened by An Garda Síochána last year, will play a key role in dealing with cases of insurance fraud.
"As a government, we will continue to review developments in the insurance sector, monitor price developments and continue to engage with stakeholders to resolve issues in the market.”