Colm Brophy
Dublin South-West · Fine Gael · Ireland
“The Minister has outlined very clearly our intention in relation to this matter. We have always been very clear that the ARP would be a temporary provision. It was introduced in 2022 as a response to a crisis, always with the view that it would be phased out. That remains the case.”
“It is important to look at the ARP in the context of what is happening here. We are reducing the payment back to the original rate in order to fulfil the original intention. We thank the people for the generosity they showed in opening their homes to Ukrainians who came to live with us here in Ireland.”
“It is important, as the Minister has mentioned, to recognise and thank all of the people who participated in the scheme, and to recognise the work of the Irish Red Cross and the many people who have made the scheme a success. We recognise that there are difficulties with schemes, and that is why this one has been under constant review.”
“What we want to work towards is a solution which recognises that contribution and which examines how, in the longer term, we can work with the Ukrainian people in our country and with the Government of Ukraine in order to ensure that a pathway exists for them to either continue to live here or, if they so choose, to return home.”
“lreland ratified the convention on International Women's Day, 8 March 2019. Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence 2022-2026 is structured around the four pillars of the convention, namely, prevention, protection, prosecution and policy co-ordination.”
“Some of the treaty provisions relate to the justice sphere and, therefore, Title V of the Treaty on the Functioning of the European Union. In light of Ireland’s position under Protocol 21, the court determined that two decisions were necessary, one to cover areas coming within scope of Protocol 21 where an opt-in is required and another t…”
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“The payment is not intended to substitute rent and it is not available where there is a rental agreement in place. The legislation is very clear in this regard. With regard to so-called top-ups, the ARP does not create an obligation for the beneficiaries, such as a payment of rent or provision of services. However, a beneficiary may agree to contribute towards costs such as utilities. Such agreements are matters between the parties themselves. The Senators' amendment to limit the scheme to those hosting in their primary residence would result in reduced availability of accommodation for beneficiaries in need of shelter. It would preclude unoccupied homes offered through the offer a home scheme such as holiday homes, which have been valuable source of accommodation.”
“I note that a similar amendment was tabled in the Seanad in March, when the matter of the scheme’s extension was being considered. As the Minister, Deputy Foley, indicated at that time and as is acknowledged in the amendment, the matters raised in the proposed amendment to the ARP scheme would require an amendment to the primary legislation that established the scheme, the Civil Law (Miscellaneous Provisions) Act 2022. They are, therefore, not matters that have a bearing on the motion under discussion, which is simply to reduce the financial contribution. On the issue of means testing for beneficiaries, it is important to note that the ARP is a goodwill payment to recognise the contribution of those who have opened up their homes to people fleeing the war in Ukraine.”
“I acknowledge the concern raised by Senators today, particularly in relation to the possible displacement effect that the scheme has on a private rental market that is under extreme pressure. I note the proposed amendment put forward by Sinn Féin Senators which seeks to limit the extension of the scheme to beneficiaries of temporary protection covered by the scheme who satisfy a means test. It is also proposed to restrict the scheme to applicants intending to host beneficiaries in their own residences and who have not availed of the rent-a-room scheme in the previous 12 months so as not to affect the private rental sector. In addition, it is proposed to extend the scheme to applicants not in receipt of any additional or top-up payments from a beneficiary. I oppose the amendment.”
“The reduction will allow for an orderly wind-down of the scheme as we advance towards the end of the temporary protection directive in March next year. While the impact of the reduced contribution is impossible to predict, I believe many hosts are involved in the ARP scheme for humanitarian reasons, as has been borne out by Irish Red Cross research. As the Minister, Deputy O'Callaghan, mentioned, beneficiaries whose hosts wish to end their involvement in the scheme, for whatever reason, and who may require support will be provided with support. In recognition of the significant integration efforts, there will be many others who will make their own way into the communities in which they have become integrated. My Department will continue to track the scheme activity levels, with assistance from the Department of Social Protection.”
“I thank the Senators for their contributions and for taking the time to consider the motion to reduce the amount of the monthly contribution under the ARP scheme to people hosting beneficiaries of temporary protection. As provided by the Civil Law (Miscellaneous Provisions) Act 2022, the draft order laid before both Houses cannot be made law until a resolution approving the order has been passed by each House. Therefore, approval of the motion in Seanad Éireann today is essential to ensure that the monthly contribution will be reduced from €800 to €600. This will allow for a more standardised and sustainable response and address possible impacts on the rental market, and is also for reasons of equity.”
“I also record my appreciation for the Irish Red Cross. I confirm that I am not in a position to accept the amendments to the motion as proposed by Deputy Carthy. The draft order being considered cannot be law until a resolution approving the order has been passed by each House. Therefore, approval of the motion by the Dáil today is essential to ensure the level of monetary contribution under the ARP scheme is set at what is considered to be a more equitable rate and to better serve the public interest.”
“It is clear that the scheme has been responsible for introducing an accommodation stream that would not have been otherwise available and which has been a vital element to the State's response to the Ukrainian crisis in providing shelter to families in need. The ARP is acknowledged as an effective instrument of public policy and an extension to next March was recently approved by the Oireachtas. We now need to fine-tune the scheme in a balanced way to respond to concerns raised. I hope Members will support the motion. As the Minister, Deputy Foley, confirmed when consideration was being given to extending the scheme, its operation will be subject to monitoring by relevant Departments. I thank those in our communities who welcomed Ukrainians into their homes and provided them with a safe space, support and stability.”
“As I said in my earlier contribution, the payment is not intended to substitute for rent. It is not available where there has been a rental agreement in place. The legislation is very clear in this regard. With regard to top-ups, the ARP does not create an obligation for beneficiaries such as payment of rent or the provision or services. However, a beneficiary may agree to make a contribution towards costs such as utilities. That is a matter for the parties themselves. Deputy Carthy's amendment to limit the scheme to those hosting in their primary residence would result, I believe, in reduced availability of accommodation for beneficiaries in need of shelter. It would preclude unoccupied homes offered through the offer-a-home scheme such as holiday homes which have been a valuable source of accommodation.”
“I note that a similar amendment was tabled in the Dáil in March this year when the matter of the scheme's extension was being considered. As the Minister, Deputy Foley, indicated at the time and as acknowledged in the amendment itself, the matters raised in the proposed amendment to the ARP scheme would require an amendment to primary legislation that established the scheme in the Civil Law (Miscellaneous Provisions) Act 2022. They are therefore not matters that have a bearing on the motion under discussion here, which is simply to reduce the financial contribution. On the issue of means testing for beneficiaries, it is important to note that the ARP is actually a goodwill payment to recognise the contribution of those who opened their homes to people fleeing the war in Ukraine.”
“I acknowledge the concerns raised by Deputies, particularly in respect of the possible displacement effect the scheme has on the private rental market which is under extreme pressure. I note the proposed amendment put forward by Deputy Carthy, which seeks to limit the extension of the scheme to beneficiaries of temporary protection covered by the scheme who satisfy a means test. It is also proposed to restrict the scheme to applicants intending to host beneficiaries in their own residence and who have not availed of the rent-a-room scheme in the previous 12 months so as not to affect the private rental sector. Finally, it was proposed to extend the scheme to applicants not in receipt of any additional or top-up payments from the beneficiary. I oppose the amendment to the motion.”
“The reduction will also allow for an orderly wind-down of the scheme as we advance towards the end of the temporary protection directive in March next year. While the impact of the reduced contribution is impossible to predict, I believe many hosts are involved in the ARP scheme for humanitarian reasons. This has been borne out by Irish Red Cross research. As I mentioned, beneficiaries whose hosts wish to end their involvement in the scheme for whatever reason and who may require support will be provided with that support. Clearly, and in recognition of significant integration efforts, there will be many others who will make their own way in communities into which they have become integrated. My Department will continue to track the scheme activity levels with assistance from the Department of Social Protection.”
“I thank the Deputies for their contributions and for taking the time to consider the motion to reduce the amount of the monthly contribution under the ARP scheme for people hosting beneficiaries of temporary protection. As provided by the Civil Law (Miscellaneous Provisions) Act 2022, the draft order laid before both Houses of the Oireachtas cannot be made law until a resolution approving that order has been passed by each House. Therefore, approval of the motion in Dáil Éireann is essential to ensure the monthly contribution is reduced from €800 to €600. This will allow for a more standardised and sustainable response and address the possible impacts, as I said earlier, on the rental market. It is also for reasons of equity.”
“Since 2022, a number of European countries have introduced financial support schemes for private hosts for displaced persons from Ukraine. Most of those schemes' rates have been reduced, while others have been discontinued. Even after the proposed reduction, the accommodation recognition payment scheme is at the generous end of such schemes, both in the duration for applicants and the level of contribution. I hope that by continuing the scheme at a reduced rate, we can achieve a balance between the needs of displaced people, the hosts who have extended a warm welcome to them and the wider community. The House's approval of this motion today will endorse that approach.”
“There may be a risk associated with reducing the contribution and it is impossible to predict ARP applicant attrition rates. In that regard, although the reduction has been flagged for some months, the number of ARP applications has continued to increase. Should hosting arrangements end, and they can end for a range of reasons, beneficiaries who may require support will be provided with that support. Of course, it should be recognised that there will be others already in employment and settled in local communities who will seek to make their own arrangements, as many of their compatriots have already done. A monthly contribution of €600 tax free is still an attractive payment and is the equivalent of a normal rental property of over €1,000 per month, as most landlords pay 50% tax on rental payments.”
“There are those who are concerned that the reduced rate will place a burden on hosts and that they will not be able to cover the cost of housing. The contribution is not, nor has it ever been, linked to the actual costs incurred by the person providing accommodation. It is not intended to substitute rent. It is not available where there is a rental agreement in place. With regard to so called top-up payments, the ARP does not create any obligation for the beneficiaries in the accommodation, such as payment of rent or provision of services. However, a beneficiary may agree to contribute towards certain household costs such as utilities. A concern related to the proposed reduction is that beneficiaries may lose their accommodation and become vulnerable to homelessness.”
“The proposed reduced contribution reflects recent policy changes which aim to ensure that temporary and timebound supports for beneficiaries of temporary protection are proportionate and equitable. Our policies are continuing to evolve as we transition from a crisis to a more measured, standardised and sustainable response. Last year, for example, the 90-day State accommodation policy was introduced and the rate of payments to beneficiaries in designated accommodation centres was reduced. Those policies resulted in a significant reduction in the number of beneficiaries arriving in Ireland and reduced numbers in State-procured accommodation. I know that there are conflicting views on the impact of reducing the rate. There are those who see the current monthly tax-free contribution of €800 as outcompeting local renters.”
“For example, a property that is registered with the Residential Tenancies Board might also fall within the remit of the ARP as a tenant may apply for the ARP subject to the consent of the property owner and other tenants. There are also likely to be cases of RTB property registrations which were terminated for a range of reasons, such as the sale of property or change of use, in respect of which an applicant is in receipt of the accommodation recognition payment. While there have been concerns about the scheme's possible negative impact, the results of the Irish Red Cross research of ARP hosts cannot be ignored. That research found that over 90% of hosts are not landlords, and that their primary motivation for involvement has been supporting people fleeing the war in Ukraine.”
“I also acknowledge the concerns that were raised by Deputies in this House in March regarding the potential impact of the scheme on the private rental market, and note the amendment that Deputy Carthy intends to table today. I will address this matter later in the session. The reduction seeks to mitigate any unintended impact of the ARP on the private rental sector. While there are no definitive findings of any impact, I am mindful of the concerns expressed by Oireachtas colleagues and hope that the reduction will go some way towards alleviating those concerns. My Department has shared ARP data for analysis undertaken on behalf of the Department of housing and it has been difficult to reach any definitive conclusion on the matter, in part due to the provisions of the scheme.”
“Under the scheme, Ukrainians have had access to accommodation that is more suitable for families, and that is a path towards independent living. The scheme has been a lifeline for displaced Ukrainians, given high rental market rates and scarcity of rental accommodation and has contributed to a shift away from a reliance on State-procured accommodation in hotels and guesthouses. On 18 May this year, more than 38,700 people were being housed under the scheme. This now exceeds the number in State-procured accommodation, which is some 24,100. Notwithstanding the success of the scheme, it is now timely to reduce the level of the financial contribution under the ARP.”
“I thank the Irish Red Cross and its partners for their ongoing engagement with hosts, beneficiaries of temporary protection and communities in implementing the Ukraine response pledged accommodation programme. From the launch of the ARP scheme in July 2022 to date, some 23,900 hosts have availed of the ARP contribution in respect of some 54,500 beneficiaries. In March this year, when the extension of the ARP scheme was being considered in this House, many Members of the House reflected on the many positive aspects of the scheme. They acknowledged it as an innovative measure which has generated emergency accommodation out of largely unused housing stock. The scheme tapped into the goodwill of thousands of households and provided an economically and socially viable alternative to accommodation in the tourism sector.”
“It was not linked to the actual cost incurred by the person providing the accommodation and was a recognition of the humanitarian response to displaced Ukrainians. The contribution was increased to €800 from 1 December 2022 to coincide with the introduction of the local authorities' offer a home scheme for Ukrainians. Harnessing the many generous offers of accommodation pledged by the public and increasing the financial support available to hosts was seen as important in addressing accommodation challenges due to the continuing arrival of Ukrainians into the State. Pledged accommodation, whether spare rooms in people's houses through Irish Red Cross pledges or vacant homes through the offer a home scheme, were of significant value to the State in the humanitarian response to the Ukrainian crisis.”
“As announced in March this year, the draft order under consideration proposes a reduction in the monthly contribution from €800 to €600 from June 2025. The first reduced amount will be paid in July by the Department of Social Protection, which administers the scheme on behalf of the Minister for Justice. My colleague, the Minister, Deputy Foley, has already sought and received the consent of the Minister for Social Protection and the Minister for Public Expenditure, NDP Delivery and Reform for the reduction, as required by law. She also consulted with me and the Minister for Justice on the matter, due to the pending transfer of responsibility for this matter to the Minister for Justice. When the scheme was introduced in 2022, the monthly contribution to hosts was €400.”
“I move: That Dáil Éireann approves the following Order in draft: Civil Law (Miscellaneous Provisions) Act 2022 (Section 9(2)) (Amount of Financial Contribution) Order 2025, a copy of which was laid in draft form before Dáil Éireann on 14th May, 2025. I thank the Members of Dáil Éireann for meeting to discuss this motion concerning the order the Minister for Justice, Deputy Jim O'Callaghan, proposes to make to reduce the monthly financial contribution for hosts of temporary protection beneficiaries from Ukraine under the accommodation recognition payment, ARP, scheme. The Civil Law (Miscellaneous Provisions) Act 2022 provides that the draft order laid before the Houses of the Oireachtas cannot be made law until a resolution approving that order has been passed in each House.”
“It is important to acknowledge the incredible contribution of so many migrant workers in our country in many of the jobs on which we rely in health service areas, a wide range of public services and in the private sector. People come here, work and make an incredible contribution, which we acknowledge. However, we also acknowledge, without prejudging the outcome of the review, the importance of making sure we have a sustainable system for family reunification. Part of that sustainable system is the importance of someone joining them being supported and having criteria and standards in place. The review will published and I hope I can come back to the Deputy with additional information.”
“The review is ongoing. Without prejudging anything, I believe it will conclude soon. I am anxious, like the Deputy, to be able to come forward with that information from the review. I take on board the points he has made, but it is important to emphasise again the central point that, in terms of successful family reunification and a range of complex issues involved in it, there must be a provision for people to be able to support family members who are joining them here.”
“I understand that some may find the difference in criteria between the employment permit types difficult to understand, but I assure the Deputy that the primary focus is to ensure that a sponsor is in a secure position and able to demonstrate a clear capacity to provide for family members before approving applications for family members to join them here.”
“I thank the Deputy for the question. As he is aware, the Department's policy document for non-EEA family reunification was last amended in 2016. It is under review. The policy document sets out the conditions for a family member to be reunited. In general terms, a sponsor must demonstrate their capacity to provide for their family member. The review is examining a wide range of matters relating to applications for family reunification. Officials from my Department have consulted with a wide variety of stakeholders on this. I fully understand that some people moving to Ireland to live and work would wish to have their family join them. I acknowledge that there are different criteria between the employment permit types. The issues to be examined as part of family reunification are complex.”
“I am acutely aware that for families involved in situations like this it is very important to them and it is very important that they have information. I again refer to what I outlined in reply to the Deputy earlier, namely that it is clearly an important part that someone has sufficient income to sustain a family reunification. A review is ongoing looking at all the processes involved. I will come back to the Deputy with the information as soon as I can.”
“It is under review and I want to see that concluded as soon as possible and be able to come back on this. I take on board what the Deputy said but it is important that we ensure with family reunifications that financial thresholds in income are met for permit holders to be eligible to apply for their family to join and that it can be done in a proper and clear way. I take his points on board and when the review concludes I will come back to him.”
“I can also advise that the first part of the review was implemented with effect from 15 May 2024. Eligible spouses and partners of people who hold general employment permits and intra-corporate transferee Irish employment permits, who have been granted family reunification, are now registered on a stamp 1G permission, rather than a stamp 3. This allows the holder to take up employment without the need to obtain a separate employment permit of their own.”
“Officials from my Department have consulted with a wide variety of stakeholders including relevant Departments and external organisations. While I cannot pre-empt the outcome, I can advise the Deputy it is my expectation that the next stage of the review will be brought to a conclusion soon. My officials will continue to engage with stakeholders regarding any amendments to the policy. While I fully understand that some people moving to Ireland to live and work would wish to have their family join them, the issues to be examined as part of a family reunification application are complex. The primary focus is to ensure that a sponsor in a secure position and able to demonstrate a clear capacity to provide for family members before applications for family to join them here can be approved.”
“Migrant workers make an enormous contribution to the Irish economy and society. It is a central priority for me, as Minister for State with responsibility for migration, that our immigrations laws are fair and efficient. An important part of this is having clear legal pathways for workers and their families. My Department’s policy document for Non-EEA family reunification, which was last amended in 2016, is still under review. The policy document sets out the conditions for a sponsor to apply for a family member to be reunited with them in Ireland. In general terms, a sponsor must demonstrate their capacity to provide for their family member. The review is examining a wide range of matters relating to applications for family reunification.”
“It is important to say that standard procedures have been developed and documented for all aspects of the process. There is full transparency from the Department in terms of providers receiving payments. Details of payments over €20,000 are published quarterly online on gov.ie .”
“It important to note that the IPAS has grown rapidly and by more than 400%. It is important to note there is extensive oversight of all aspects of accommodation, the commissioning process and all the processes that have been improved incrementally over the past three years. Regarding appraisal of providers, my Department carries out due diligence on accommodation being contracted, including checks on the providers via the Companies Registration Office to ensure compliance with CRO requirements, as well as checks on tax compliance and that providers have valid tax clearance certificates. All commercial offers are appraised by a dedicated team across a range of factors, including the site, its potential, the value for money to the State, that due diligence is done, and planning and regulatory measures.”
“Within IPAS, these changes will see the proportion of accommodation provided on State-owned sites increased with the objective of developing an accommodation system with a reduced reliance on commercial provision. These changes, along with other steps I am taking to improve the operation of international protection, should curtail the need to constantly grow the capacity we have seen over recent years.”
“This figure is still provisional pending publication of the 2024 appropriation accounts for the Department of Children, Disability and Equality, under which this service operated during that year. The budget allocated for this service in 2025 is €1.2 billion. The costs include both State-owned and commercially provided emergency accommodation and cover accommodation, catering, utilities, transport and other essential costs. In managing the complex range of accommodation contracts in 325 centres, there are processes in place to ensure value for money and enforce compliance. Officials in IPAS routinely inspect services and oversee the contracts, and engage with providers and regulatory bodies.”
“It will also ensure that anyone who does not meet the criteria is refused protection and leaves the State. My overall strategic approach is intended to reduce the scale of the demand for accommodation. This is against a backdrop in Ireland and other EU member states where we have responded to a very sharp and sustained increase in the number of people applying for international protection from early 2022 to the end of 2024. To illustrate this, at the beginning of 2022, Ireland's international protection accommodation services sheltered approximately 7,000 people. By the end of 2024, this had expanded by almost 400% to accommodate 32,000 eligible people. The total cost of IPAS accommodation in 2024 was just over €1 billion.”
“I thank the Deputy. I wish to start by also expressing my sympathy and condolences to Garda Flatley's family, colleagues and the community. It is a very sad occasion in which we are taking these questions here today, and they put a lot of things in context. The Government has brought significant focus to addressing a range of complex systemic pressures within our international protection system. Ireland has adopted and is now working to implement the EU pact on migration and asylum in mid-2026. As Minister of State, my goal is to ensure a robust and enforced immigration system. The system should provide efficient processing and ensure people who meet the criteria for international protection can be accepted and integrated into our society quickly.”
“I will, of course, convey the Senator’s views to the Minister. I will take a moment to acknowledge the European Movement Ireland survey. It is a very interesting survey. As a Chair of the Committee on European Union Affairs for two and a half years, I found European Movement Ireland to be an organisation that does incredibly good work in terms of promoting engagement and civic involvement in Europe and bringing Europe closer to people and people closer to Europe. I commend it again on its excellent survey and thank the Senator for his remarks.”
“Across its negotiation, which Ireland will have a pivotal role in, especially during our Council Presidency in 2026, we will work to continue to ensure the MFF reflects EU priorities such as defending the rules-based international order, human rights, climate action and sustainable development.”
“The next MFF must also reflect that security and defence is more urgent than ever before. Ireland will continue to advocate that the Commission takes account of specifics of island and peripheral regions with large maritime areas and subsea infrastructure to protect. The security and connectivity of energy and communications infrastructure is also of common interest for both Ireland and the EU. The EU budget has an intrinsically important role through the visible way it improves the lives of our citizens. Programmes such as Erasmus, Creative Europe and, in particular for Ireland, the PEACE programme have value and make our Continent a better place to live.”
“With that said, it is evident there will be pressure on the balance of the existing budget, in which the long-standing CAP is a key feature for Ireland, forming the vast majority of our EU funding. How these new priorities are balanced against traditional policies and the trade-offs which will emerge, including avoiding significant increases to member states’ EU budget contributions, will be important features of the negotiation of the post-2027 MFF. While acknowledging the challenges ahead, the Government’s view is that the CAP remains a core priority as a thriving sector of our economies, not only to Ireland but right across the EU. Ireland will advocate for a robustly funded CAP as direct payments underpin the economic sustainability of European agriculture and are vital in safeguarding a fair and sufficient income for farmers.”
“The Department of Foreign Affairs and Trade and Department of Finance are also actively working across Government to develop our national position across the EU budget to ensure our views are well communicated to the Commission. It is clear that the next MFF will set a precedent in many ways, given the new and emerging demands on the budget across several policy areas. In addition, the repayment of the common debt taken on in the current MFF period will commence. The Government will work with our European partners to ensure the MFF reflects the needs of Irish citizens, maintains continuity and predictability, and delivers on the overall ambitions of fostering a competitive and secure Europe. Ireland is keen to play its part as a constructive partner in the MFF negotiations.”
“It is important to note that negotiations between member states will not commence until after the Commission shares its proposal, which is most likely to be in early July. The Commission’s proposal will come as a package, including an MFF regulation setting out the architecture and sectoral basic acts, which will include the detailed budgetary and policy provisions as well as the implementing rules. In practice, the MFF’s key details will be agreed by consensus at the European Council. In March, the European Council had its first exchange of views on the post-2027 MFF, where An Taoiseach expressed Ireland’s overarching priorities.”
“I thank the Senator and again apologise that the Minister is not available to reply to him directly. I will reply on his behalf. The European Union budget, the MFF, as the Senator knows, currently runs until 2027. The current MFF was agreed in 2020 at the height of the Covid pandemic, which left a very clear mark on that framework. Most notably, alongside the MFF, the Next Generation EU recovery instrument was established to give a significant boost to Europe’s recovery, through a one-off programme of borrowing for common debt. To prepare for the next budget round, the Commission is expected to bring forward its proposals for the post-2027 MFF in July. It is realistic to expect negotiations to conclude in 2027, in time for the new MFF to begin in 2028.”
“I will convey, as I know she will directly convey, the Senator's views and what she has said to the Minister. I listened closely to the points she raised. I am aware of the view expressed by some stakeholders that the proposed increase will have the effect of increasing premiums. I fully take on board the issues and considerations the Senator has raised. They are very important. However, the Minister believes that, given the complex nature of the assessment of insurance premiums, it is too early to say if increases in awards for personal injuries will have the effect of directly increasing premiums. Members of the House will have the opportunity to discuss these matters in fuller detail when resolutions are presented to the Oireachtas. I thank the Senator again for raising this really important issue.”
“Assuming the resolutions have been approved by the House, the Judicial Council will then meet formally to adopt the guidelines. This is in keeping with the amendments to the 2019 Act as adopted last year. I should add that the Minister, Jim O'Callaghan, is reviewing the relevant provisions of the Judicial Council Act 2019 to see what amendments can be made to make further reviews of the personal injuries guidelines more inclusive and transparent. This may include making changes to the mechanism and the timing of future reviews of the guidelines, and the possibility of increasing the monetary jurisdictions of the District and Circuit Courts.”
“This figure aligns to the increase in the harmonised index of consumer prices, HICP, over the period from which the guidelines were last agreed in 2021. Section 7(2)(b) of the 2019 Act requires that the Minister for Justice lay those revised guidelines before each House of the Oireachtas as soon as is practicable. The legislation provides that the draft guidelines must be approved by a resolution of both Houses of the Oireachtas before they can be brought into operation. The Oireachtas will have the opportunity to debate the matter once the resolutions on the adoption of the guidelines are tabled. The Minister wants to stress, however, that the legislation passed by the Houses last year does not provide for amendment of the guidelines by the Oireachtas.”
“In addition, the time take to resolve matters is much shorter under the IRB process. That being said, the guidelines were challenged in the Delaney v. PIAB case. While the Supreme Court upheld the guidelines, it identified deficiencies in the underpinning legislation. This was amended by the Oireachtas in the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024. In accordance with the 2019 Act, as amended, the Judicial Council has conducted a review of the guidelines and submitted draft amendments to the Minister for Justice to enable the laying of the draft amendments before the Oireachtas. The draft guidelines submitted to the Minister by the council propose an across-the-board increase of 16.7% in compensation amounts, as the Senator mentioned.”
“The Minister shares the concerns the Senator has raised regarding inflation and has been consulting with his ministerial colleagues and the Attorney General on the issues in terms of reviewing the situation. As the Senator mentioned, under the Judicial Council Act 2019, the Judicial Council, which is independent in its functions, has the responsibility for drawing up and reviewing the personal injuries guidelines. The first iteration of the personal injuries guidelines came about in April 2021 and have had a clear and significant cost-saving impact since their introduction. Claim volumes dropped, the average award value decreased by 20%, and legal costs for those settling through the Injuries Resolution Board comprised 4% of the total settled cost compared to 43% through litigation.”