The Injuries Board
Injuries Board
The Personal Injuries Assessment Board Act 2003 and the Civil Liability and Courts Act 2004 made fundamental changes to the procedures for the recovery of compensation in personal-injury cases. It reformed the law and practice for personal-injury claims and litigation. The legislation followed sustained criticism of the level of costs and the pre-existing practices.
The Act established a Personal Injuries Assessment Board. This was renamed the Injuries Board following 2007 legislation. 2022 legislation changed the name of the Personal Injuries Assessment Board to the Personal Injuries Resolution Board to reflect the new function of the Board to offer mediation as a means of resolving claims.
The Board is a corporate body. Its principal functions are to
- arrange for the making of assessment of qualifying claims under the Act;
- to prepare and publish a Book of Quantum containing general guidelines of the amounts which may be awarded or assessed in respect of specified types of injury;
- make cost-benefit analysis to be made of legal procedures and associated processes that are employed for the purpose of awarding compensation for personal injuries;
- to collect and analyse data in relation to awards on foot of or agreed in settlement of civil actions and
- to perform such other functions as may be conferred by the Minister.
The Board
There are 11 members of the Board, to be appointed by the Minister [for Justice]. Each member is to be a person who in the Minister’s opinion has experience in an area, a field of expertise relevant to the Board’s function.
The Minister is to appoint a chairperson and vice-chairperson of the Board. Two members of the Board are nominated by the ICTU, one by the Irish Business and Employers Confederation, one by the Irish Insurance Federation, and one is an employee of the Central Bank nominated by the Governor. The chief executive and a person nominated for such appointment by the chairperson of the Competition and Consumer Protection Commission are also members.
The Minister is to fix periods of membership of up to five years. Members may be paid remuneration and allowances as the Minister with the consent of the Minister for Finance determines. The Minister is to endeavour to achieve gender balance on the Board.
The legislation contains relatively standard corporate governance provisions. The Board is to hold such meetings as are necessary for the purpose of its functions It may establish committees to perform functions delegated to them and to assist the Board in matters relating to its functions.
Following the 2019 Act members are appointed to the Board from expressions of interest of candidates with the desired skills and expertise, following a Public Appointments Service process.
Board Members cannot serve more than 10 years on the Board. This is consistent with the 2016 Code of Practice for the Governance of State Bodies. Provision is also made that where a Board member is nominated to the Seanad, or becomes an elected representative of the Oireachtas, the EU Parliament or a member of a Local Authority, he/she may no longer serve as a Board member.
The Board shall remit to the Minister, for the benefit of the Exchequer, any monies in excess of those authorised to be retained by the
The Chief Executive
There is to be a chief executive officer, who is to carry on and manage generally, the administration of the Board and to perform such functions as may be determined by the Board. The chief executive is appointed by the Board with the consent of the Minister. The chief executive is to hold office under a written contract of service, on terms determined by the Minister with the consent of the Minister for Finance. The chief executive may not hold any other office.
The chief executive shall perform his functions, subject to policies as may be determined by the Board. He is answerable to the Board for the efficient and effective management of the board and the due performance of his function. The chief executive may delegate his functions to members of staff with the consent of the Board. This does not affect his responsibility to the Board.
The chief executive is accountable to the Committee of Public Accounts in respect of its accounting, the economy and efficiency in the use of its resources, the systems, procedures and practices employed by the Board for the purpose of evaluating the effectiveness of its operations, and any matter affecting the Board referred to in a special report of the Comptroller and Auditor General.
The chief executive is accountable to Oireachtas Committees in respect of the general administration of the Board. He is not required to give an account in respect of matters which is, have been or may afterwards be the subject of court or tribunal proceedings in the State.
Operation of Board I
The Board is to have staff as appointed by Board with the consent of the Minister for Justice and the Minister for Finance. The grades, numbers of staff in each grade and their remuneration, is determined by the Board with the consent of the Minister for Finance. The Board may delegate any human resources matters to the chief executive. There is provision for a superannuation scheme. It is to be approved by the Minister for Justice with the consent of the Minister for Finance.
The Board is to be financed by grants, as may be sanctioned by the Minister out of monies provided by the Oireachtas. The Board has power to borrow with the consent of the Minister and the Minister for Finance on such conditions as may be specified by them.
The Board must keep accounts in the normal way and submit estimates to the Minister periodically. The chief executive may submit estimates to the Minister after consulting the Board. Accounts are to be kept in the normal way.
Every five years, the Board is to prepare and submit to the Minister for approval, a five-year strategic plan. The strategic plan shall comprise the key objectives, outputs and related strategy including the use of resources by the Board. It must be prepared in a form and manner in accordance with directions issued by the Minister. It is to have regard to the need to ensure the most beneficial, efficient, and effective use of the Board’s resources.
Operation of Board II
Subject to such conditions as may be specified by the Minister, the Board may engage consultants and advisers as it may consider necessary for the performance of its functions. It may pay fees from its funds. Such persons may include medical practitioners, accountants and other appropriately qualified persons.
Persons who wish to be engaged by the Board as a consultant or advisor may notify the Board in writing of the fact and any notification shall include particulars of their qualification and interest. The Board is to maintain a list of persons who notify their wish accordingly. The Board, in engaging consultants and advisors, are to have regard to this list. Nothing is to limit the Board in retaining a person who is not on the list.
The Board is to submit an annual report to the Minister on its activities after the end of each financial year. The Minister is to cause copies to be laid before the Oireachtas.
The following provisions apply in relation to any database maintained recording details of accidents and incidents for the purpose of claiming damages for personal injury. It must be maintained in accordance with the Data Protection Act. They may be supplied to the Board for the purpose of its dealings with an application, any relevant particulars on the database.
Records and Rules
The Board may be supplied with certain particulars entered on a central database, which may be kept for that purpose. The following may be supplied
- Particulars of name and address of the complainant;
- Date of the accident or incident;
- Name and address of each of the persons who are claimant;
- Name of the insurance company or undertaking, if any, which has entered into an insurance policy with the above persons.
The Board may make rules in relation to the procedures to be followed in making assessments and consequential matters. The rules are to enable the Board
- to issue an authorisation
- to issue an authorisation in circumstances where it would not otherwise be entitled to do where the claimant wishes to bring proceedings in respect of a claim against other persons, whom he has omitted through a genuine oversight or ignorance of all the facts relating to the matter to specify as a respondent
- to supply a copy of records supplied by one party to the other party
- to defer making a decision as to whether to issue an authorisation unless and until the relevant claim concerned has been the subject of an assessment or, as appropriate, a fresh assessment under this Act
- rules may include a requirement for (but subject to those rules permitting the Board to waive that requirement where, due to the lapse of time or other circumstances, compliance with that requirement would unduly interfere with the claimant’s right to bring proceedings)).
A claimant may in accordance with the rules withdraw an application made at any time before assessment in respect of a claim. Where he does so, the Board shall take no further step. If the application is withdrawn, the claimant may not in relation to a claim either bring a fresh claim or bring proceedings.
2022 Act
The 2022 Act provides for four new functions to be accorded to the Board:
- to facilitate the resolution of relevant claims through mediation;
- to collect and publish on its website information relating to personal injury claims including information concerning awards made under the Personal Injuries Guidelines;
- to conduct or commission research, analysis or studies on matters relating to the function of the Board and publish such findings as it considers appropriate; and
- to promote awareness of its role and the benefits of resolving claims through the Board.
The 2022 Act extended the requirement for certain persons and bodies to provide information to the Board to include the above new functions.