Press release
Minister Carroll MacNeill welcomes progress on ‘Duty of Care’ reform in the Oireachtas
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Published on
Last updated on
The Minister of State with responsibility for Financial Services, Credit Unions and Insurance, Jennifer Carroll MacNeill, today (Wednesday 28 June) welcomed the completion of the consideration by the Oireachtas of the Courts and Civil Law (Miscellaneous Provisions) Bill 2022. The Bill amends the “common duty of care” provisions in the Occupiers’ Liability Act 1995, and was a principal action in the Action Plan for Insurance Reform.
Commenting on the developments, Minister of State Carroll MacNeill said:
“I welcome the passage of the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 this evening in Dáil Éireann, following its completion in Seanad Éireann last week. I would like to commend the work of the Minister for Justice and her department at getting this Bill through the Oireachtas.
"The amendments to the Occupiers’ Liability Act 1995 are a positive change which I hope will deliver major benefits to businesses, sporting groups and community and voluntary organisations in particular. They are now armed with the confidence and knowledge, as they seek to renew their insurance, that the issue of ‘slips, trips and falls’ has been addressed and the market has become more fairly balanced for all. It should also give them a renewed certainty to continue carrying out their activities and expand further, which will benefit the economy and society as a whole. Importantly, the effect of reduced premiums for businesses can also derive cost savings which ultimately can be passed on to consumers.
"In addition to being a legislative change, I hope that this is the start of a cultural change surrounding the claims environment and personal responsibility in Ireland, which would bring us more into line with our peer countries in the European Union and beyond.
"In all of my engagements with insurers this year, I have signalled that this legislation will be in place by the summer and Government has now delivered on this pledge. I also noted that the most recent data from the Personal Injuries Assessment Board shows that its award levels under the Personal Injuries Guidelines are down 38% when compared with the previous Book of Quantum and that the number of claims have reduced 40% since 2019.
"It is now time for insurers to step up, increase their risk appetites and reduce prices in response to these developments, and to work with their customers to ensure that the benefits of this legislation can be fully realised. I will also continue to promote the government’s work via the Office to Promote Competition in the Insurance Market, in order to attract new insurers into Ireland.
"In the last year, a number of new entrants have announced their intention to expand into Ireland which is a very welcome development. I have recently met with a number of these companies including OUTsurance, Coverys International and Revolut. Knowing this legislative change was on track, and now that it is enacted, has helped make Ireland a more attractive market for such new entrants to come here and set up operations.
"I will be meeting with the CEOs of the main insurance companies already operating in Ireland later this year to follow up on how this Bill, as well as other reforms, have used by them to derive real benefit for their customers.”
The Bill will now go to President Higgins for his consideration.
The Courts and Civil Law (Miscellaneous Provisions) Bill 2022 amendments to the Occupiers’ Liability Act 1995 contain four key developments:
The provisions contained will require a Commencement Order from the Minister for Justice.
Reforming the Occupiers’ Liability Act 1995 was a “Principal Action” in the Action Plan for Insurance Reform.
The third Action Plan for Reform Implementation Report, published in November 2022, showed that approximately 90% of actions in the Plan have been completed or are ongoing, with the remaining initiated.
The most recent PIAB Personal Injuries Award Values report was published on 3 November 2022 and covered the period 1 January 2022 to 30 June 2022.
The Office to Promote Competition in the Insurance Market, established in December 2020, has an important role in connecting various stakeholders – insurers, brokers, representative groups, among others – and facilitating engagement on issues relating to the availability of insurance across the market.