Personal Injuries Resolution Board Act 2022

1. Definitions

1. In this Act—

“Minister” means the Minister for Enterprise, Trade and Employment;

“Principal Act” means the Personal Injuries Assessment Board Act 2003.

2. Change of name of Board

2. (1) The Personal Injuries Assessment Board, shall on and from such day as the Minister appoints by order be known, in the Irish language, as An Bord um Réiteach Díobhálacha Pearsanta and, in the English language, as the Personal Injuries Resolution Board.

(2) References in any enactment, statutory instrument or legal proceedings or any other document to the Personal Injuries Assessment Board shall, on and from such date as the Minister appoints under subsection (1) be read as references, in the Irish language, to An Bord um Réiteach Díobhálacha Pearsanta or, in the English language, to the Personal Injuries Resolution Board.

3. Amendment of section 11 of Principal Act

3. Section 11 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) A claimant—

(a) shall make an application under this section to the Board for an assessment to be made under section 20 of his or her relevant claim, and

(b) may apply for resolution of his or her relevant claim by way of mediation under Chapter 1A.”,

(b) in subsection (3), by the insertion of the following paragraph after paragraph (b):

“(ba) copies of any documentation concerning the identity of the claimant where such claimant does not have a personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005),”,

and

(c) by the insertion of the following subsection after subsection (3):

“(3A) Notwithstanding subsection (2) and any rules under section 46, an application under this section made on or after the commencement of section 3 (c) of the Personal Injuries Resolution Board Act 2022 shall not be an application for the purposes of section 50, unless it is signed by the claimant and includes confirmation of each of the following:

(a) the claimant’s name, date of birth, phone number, and the address at which he or she ordinarily resides;

(b) the claimant’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005) or, in any case where the claimant does not have a personal public service number, such other documentation concerning his or her identity as may be specified by rules under section 46;

(c) the name and address of the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the accident or incident concerned;

(d) the date and time on which it is alleged that the accident or incident the subject of the application occurred;

(e) a description of how and where it is alleged that the accident or incident the subject of the application occurred;

(f) a description of the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application;

(g) that the medical report enclosed with the application describes the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application.”.

4. Amendment of section 13 of Principal Act

4. Section 13 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) The notice under subsection (1)(b) is a notice stating that the Board has received an application made under section 11 by the claimant and requesting the respondent to state to the Board in writing, within the period specified in the notice, whether he or she consents to—

(a) an assessment being made under section 20 of the claimant’s relevant claim,

(b) mediation of the relevant claim under Chapter 1A, where the claimant has applied for resolution of his or her relevant claim under that Chapter, or

(c) both an assessment referred to in paragraph (a) and mediation referred to in paragraph (b).”.

5. Amendment of section 14 of Principal Act

5. Section 14 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

“(1) (a) If a respondent states in writing in response to a notice served under section 13(1)(b) within the period specified in the notice that he or she consents to mediation of the relevant claim under Chapter 1A, then the Board shall, subject to sections 17 and 18, arrange for mediation of that claim under Chapter 1A.

(b) If a respondent—

(i) states in writing in response to a notice served under section 13(1)(b) within the period specified in the notice that he or she does not consent to mediation of the relevant claim under Chapter 1A, or

(ii) fails to state in writing, in response to the notice, within the period specified in that notice, whether or not he or she consents to mediation under Chapter 1A,

then paragraph (c) shall apply.

(c) If a respondent—

(i) states in writing, in response to a notice served under section 13(1)(b), within the period specified in it, that he or she consents to an assessment being made under section 20 of the claimant’s relevant claim, or

(ii) fails to state in writing, in response to that notice, within the period specified in it, whether or not he or she does so consent,

then the Board shall, subject to sections 17 and 18, arrange for an assessment to be made under section 20 of that claim.”.

6. Making of statement referred to in section 14(1)(a) or 14(1)(c)(i) or omission to make statement referred to in section 14(1)(c)(ii) not an admission of liability

6. The Principal Act is amended by the substitution of the following section for section 16:

“16. Neither a statement referred to in subsection (1)(a) or (1)(c)(i) of section 14 nor a failure of the kind mentioned in subsection (1)(c)(ii) of that section shall constitute an admission of liability by the respondent concerned or be capable of being used in evidence against him or her in any proceedings or operate in any manner to prejudice any proceedings.”.

7. Amendment of section 17 of Principal Act

7. Section 17 of the Principal Act is amended—

(a) in subsection (1)—

(i) in paragraph (a), by the substitution of “section 14(1)(c)(i)” for “section 14(1)(a)”,

(ii) in paragraph (b) by the substitution of “section 14(1)(c)(ii)” for “section 14(1)(b)”,

(iii) in paragraph (ii), by the deletion of subparagraph (II), and

(iv) by the deletion of paragraph (iii),

(b) by the insertion of the following subsection after subsection (1):

“(1A) Despite the making by a respondent of a statement referred to in section 14(1)(a), the Board shall not be required to arrange for mediation under Chapter 1A of the relevant claim concerned (or, as appropriate, shall discontinue any such mediation which it has arranged) if any of paragraphs (i) to (ix) of subsection (1) applies in relation to the relevant claim concerned.”,

and

(c) in subsection (3), by the insertion of “or the carrying out of mediation under Chapter 1A” after “an assessment under section 20”.

8. Amendment of section 18 of Principal Act

8. Section 18 of the Principal Act is amended, in subsection (3), by the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) not arrange for the making of an assessment of, or the carrying out of mediation in relation to, the relevant claim concerned, or

(b) if any step in the making of that assessment or carrying out of that mediation, or consequent on the making of that assessment or carrying out of that mediation, has already been taken, cause no further step to be taken in the making of that assessment or carrying out of that mediation or consequent on its making or carrying out,”.

9. Mediation

9. The Principal Act is amended, in Part 2, by the insertion of the following Chapter after Chapter 1:

“Chapter 1A

Mediation

Application and definitions

18A. (1) This Chapter applies to—

(a) a relevant claim in respect of which an application was, before the commencement of this section, made under section 11 where—

(i) an authorisation has not issued in respect of the relevant claim concerned, and

(ii) neither the claimant nor any of the respondents have—

(I) responded to a notice served in accordance with section 30, nor

(II) been deemed to have accepted or not accepted, as the case may be, an assessment in accordance with section 31,

and

(b) a relevant claim in respect of which an application was, on or after the commencement of this section, made under section 11.

(2) In this Chapter—

‘date of the completion of the mediation’ means—

(a) the date that the document referred to in section 18C(1)(b) is signed by each of the parties, or

(b) where the document is signed by the parties on different dates, the last of those dates;

‘mediation’ means a confidential, facilitative, and voluntary process in which parties to a relevant claim, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the relevant claim;

‘mediator’ has the meaning assigned to it by section 18B(4).

Mediation process

18B. (1) Notwithstanding anything contained in this Part the Board may, where it considers it appropriate—

(a) invite the parties to consider mediation as a means of attempting to resolve the relevant claim, and

(b) provide the parties with information about the objectives and benefits of mediation in attempting to resolve the relevant claim.

(2) The objective of mediation, in relation to a relevant claim, is to have the claim resolved by agreement reached by the parties and the Board shall, in order to promote engagement in the mediation process, ensure that the objective is understood by each of the parties.

(3) Where each of the parties state that he or she consents to the relevant claim being the subject of mediation, the Board shall arrange for the claim to be the subject of mediation under this Chapter.

(4) Mediation of a relevant claim shall be made by—

(a) such employees of the Board for the time being assigned the performance of functions under this Chapter as the Board may direct, or

(b) such persons as may be appointed under section 18D,

each of whom, in this Chapter, shall be referred to as a ‘mediator’.

(5) A mediator shall—

(a) inquire fully into each relevant aspect of the relevant claim concerned,

(b) provide to, and receive from, each party such information as is appropriate, and

(c) generally make such suggestions to each party and take such other actions as he or she considers appropriate,

with a view to achieving the objective referred to in subsection (2).

(6) Participation in mediation by the parties is voluntary, and a party may—

(a) withdraw from mediation at any time prior to the date of completion of the mediation, and

(b) be accompanied to the mediation, and assisted by a person (including a legal advisor) who is not a party to the relevant claim.

(7) The Board may, prior to the date of completion of the mediation, where the mediator has failed to furnish his or her report within the period specified by rules under section 18F and where the Board considers it appropriate to do so, abandon an attempt to resolve a relevant claim by mediation.

(8) Where the Board abandons an attempt to resolve a claim by mediation under subsection (7), section 18C(6) shall apply.

(9) The Board shall not be required to arrange for mediation of a relevant claim where there are 2 or more respondents as respects the relevant claim and one or more of them—

(a) makes a statement in writing of the kind referred to in section 14(1)(b)(i), or

(b) is a respondent on whose part a failure of the kind referred to in section 14(1)(b)(ii) occurred in relation to the relevant claim.

(10) Subject to subsection (11), all communications (including oral statements) and all records and notes relating to a mediation including a report under section 18C shall be confidential and shall not be disclosed in relation to an assessment made under section 20 or any proceedings before a court or otherwise.

(11) Subsection (10) shall not apply to a communication or records or notes, or both, where disclosure—

(a) is necessary in order to implement or enforce a mediation settlement,

(b) is necessary to prevent physical or psychological injury to a party,

(c) is required by law,

(d) is necessary in the interests of preventing or revealing—

(i) the commission of a crime (including an attempt to commit a crime),

(ii) the concealment of a crime, or

(iii) a threat to a party,

or

(e) is sought or offered to prove or disprove a civil claim concerning the negligence or misconduct of the mediator occurring during the mediation or a complaint to a professional body concerning such negligence or misconduct.

(12) Evidence introduced into or used in mediation that is otherwise admissible or subject to discovery in proceedings shall not be or become inadmissible or protected by privilege in such proceedings solely because it was introduced into or used in mediation.

Mediation outcome and report

18C. (1) As soon as practicable after the mediation is completed, the mediator shall prepare a report containing the following namely:

(a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be matters of fact;

(b) a summary in writing, signed by the parties, of the matter or matters, if any, whether they go in whole or part to resolving the dispute or not, agreed to by the parties; and

(c) relevant particulars in relation to the conduct of the mediation (including particulars in relation to the number and duration of sessions held by the mediator and the persons who participated in any such session or sessions), and a list of any documents submitted to the mediator (but without disclosing any of their contents).

(2) The mediator shall, after preparing a report under subsection (1), furnish a copy of it to the Board.

(3) Notwithstanding that, following a mediation, the parties have signed an agreement which resolves the dispute concerned, each of the parties may, not later than 10 days from the date of the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer accepts the agreement and does not wish to be bound by it.

(4) Where—

(a) the report furnished to the Board under subsection (2) states that there is agreement between the parties and that the agreement resolves the relevant claim,

(b) a period of 10 days has elapsed from the date of the completion of the mediation, and

(c) in that period none of the parties to the agreement has informed the Board that he or she no longer accepts that agreement,

the Board shall proceed to issue an order to pay pursuant to section 38 to include provision for the monetary value, if any, which the respondent has agreed to pay to the claimant.

(5) Where an order to pay has issued in accordance with subsection (4) the Board shall not issue a document referred to in this Act as an ‘authorisation’.

(6) Where an attempt to resolve a relevant claim by mediation is unsuccessful (including where mediation has been abandoned under section 18B(7)), or if any of the parties responds within the period specified in subsection (3) by stating that he or she does not wish to be bound by the agreement, and—

(a) where the respondent has given consent under section 14(1)(c), and

(b) an assessment has not already been completed,

the Board shall refer the relevant claim for assessment under section 20.

(7) Notwithstanding subsection (6)—

(a) a claimant may withdraw an application in relation to the relevant claim under section 47(1),

(b) the Board may not arrange for the making of an assessment where the respondent has notified the Board of his or her intention not to accept an assessment under section 17(1)(b)(vii), or

(c) the Board may arrange for the making of an assessment under section 20 where the respondent notifies the Board of his or her consent to an assessment.

Appointment of mediators

18D. (1) The Board may from time to time appoint such and so many persons, not being members of staff of the Board, as it considers appropriate to carry out the mediation functions assigned to them by the Board.

(2) The Board may form a panel comprising the names of the persons who stand appointed under subsection (1).

(3) A person appointed under subsection (1) shall be appointed for such period as the Board may determine and, subject to subsection (4), his or her terms and conditions shall be such as the Board may determine from time to time.

(4) A person appointed under subsection (1) shall be paid such fees and expenses as the Board, with the consent of the Minister and the Minister for Public Expenditure and Reform, may determine from time to time.

(5) A person appointed under subsection (1) may, by notice in writing addressed to the Board, at any time resign from his or her appointment and his or her resignation shall take effect on the date on which the Board receives the notice, or the date stated in the notice, whichever is the later.

(6) The Board may for stated reasons revoke an appointment under subsection (1).

(7) Neither the Public Service Management (Recruitment and Appointments) Act 2004 nor the Civil Service Regulation Acts 1956 to 2005 shall apply to a person appointed under this section.

Provisions relating to mediators

18E. (1) In respect of a matter dealt with by him or her under this Chapter, a mediator shall—

(a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought to reasonably be aware, and

(b) maintain the confidentiality of the proceedings concerned and shall not disclose any report prepared by him or her under section 18C otherwise than in accordance with that section.

(2) Where a declaration referred to in subsection (1)(a) is made to the parties then, unless each of the parties agree to the mediator continuing to deal with the matter, the Board shall appoint another mediator to deal with the matter.

(3) Where a mediator has, in respect of a relevant claim, participated in a mediation he or she shall not—

(a) be an assessor or a retained expert in respect of the relevant claim, or

(b) otherwise participate in the assessment of the relevant claim.

(4) Subject to any rules under section 18F, the manner in which a mediation is conducted shall be at the discretion of the mediator concerned but it shall be the duty of that mediator to ensure that the mediation is conducted without undue formality.

Power of the Board to make procedural rules relating to mediation