Minister Helen McEntee welcomes Supreme Court ruling in relation to the Personal Injuries Guidelines

The Minister for Justice, Helen McEntee has welcomed today’s Supreme Court judgement concerning on personal injuries guidelines.

Noting the decision, which relates to the Personal Injuries Guidelines, and which upheld them, while pointing to the need for change in the underpinning legislation, Minister McEntee said:

“Today’s Supreme Court decision was both very significant and very welcome, upholding, as it did, the Personal Injury guidelines which were adopted on my watch back in April 2021.

The guidelines were introduced to help standardise awards for common injuries. That introduction was challenged, but today, in a complex judgement by the Supreme Court, they were upheld. That is really good news because we really believe these guidelines are key to our plan to make insurance more affordable.

I think in the past, we all felt uneasy at some personal injury payouts. No one wants to see a person badly injured left without adequate compensation, but at the same time, we were aware of very high payouts for many quite small and even insignificant injuries.

While the Court upheld the guidelines, it has identified deficiencies in the underpinning legislation which will have to be fully considered by my officials with the advice of the Attorney General. I will bring forward any necessary amendments to the legislation in light of that consideration.

Meanwhile, we will also keep a close eye on the impact of reduced awards under the Guidelines, as we want to make absolutely sure that they are that they are reflected in reduced premiums.”

The case taken challenged the amount of award the appellant received in the Personal Injuries Assessment Board process, and also challenged the Judicial Council Act 2019, under which the guidelines had been determined.

ENDS

Notes to Editors:

The Action Plan for Insurance Reform, published in December 2020, set out 66 actions across Government to make Ireland’s insurance sector more competitive and consumer-friendly, supporting enterprise and job creation.

Of the 66 actions contained in the ‘Action plan on Insurance Reform’ the Department of Justice has responsibility or part responsibility for 34 of these actions. 63 of the 66 Actions are now complete.

Minister McEntee also recently enacted changes to duty of care legislation with the amendment of the Occupiers’ Liability Act 1995. The provisions 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 establishment of the Insurance Fraud Coordination Office in Garda National Economic Crime Bureau has helped improve cooperation with the Insurance Industry, including the referral of suspected fraud cases by the industry to An Garda Siochána, enhancing its ability to route the cases to the relevant divisional resources countrywide for timely investigation. The GNECB is also providing training and support to all Garda Divisions in how to investigate fraud.

The Enactment and commencement of the Perjury and Related Offences Act 2021, has increased the range of options for investigation, prosecution and penalties on conviction, which can be considered of those making false and misleading claims.

ENDS