Oireachtas approval will not be sought for proposed changes to Personal Injury Guidelines

The Taoiseach has told the Dáil that the government will not be bringing a resolution to the Oireachtas seeking its approval of the proposed draft amendments to the Personal Injury Guidelines. As such, it appears that the proposals from the Judicial Council to increase personal injury awards by an overall rate of 16.7% will not take effect for the moment.

Background

Draft amended Guidelines published by the Judicial Council on 11 December 2024 proposed to increase personal injury awards at an overall rate of 16.7% to reflect what was termed “significant global and national inflation” which had occurred over the previous three years since the Personal Injury Guidelines were first introduced. The draft Guidelines were published in accordance with the provisions of the Judicial Council Act 2019 which sets out that the Personal Injuries Guidelines Committee must review the Personal Injury Guidelines within 3 years of their introduction.

While the Judicial Council Act 2019, when introduced, had given the Judicial Council the power to adopt such draft amendments to the Personal Injury Guidelines [1], the Supreme Court [2] in 2024 declared this to be unconstitutional.

As a result of this decision and the subsequent enactment of Section 14 of Courts, Civil Law, Criminal Law, and Superannuation (Miscellaneous Provisions) Act 2024, it is now necessary for any changes to be brought before and approved by both houses of the Oireachtas before they become binding law.

However, it now appears that the changes proposed by the Judicial Council will not be put forward for approval by the government.

What is Next

The Taoiseach’s comments were made during Leaders’ Questions and there has been no official statement or detail provided. However, it was indicated that the Minister for Justice will bring a memo to government which will lay the guidelines before the Oireachtas but there would not be a resolution seeking their approval. The Taoiseach went on to say that there is now a need to review the Judicial Council Act 2019, which the Minister for Justice has committed to carrying out.

Footnotes:
[1] Section 7(2)(g) Judicial Act 2019
[2] Delaney v. The Personal Injuries Board & Ors [2024] IESC 10