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Departmental Communications

Dáil Éireann Debate, Thursday - 26 February 2026

Thursday, 26 February 2026

Questions (433)

Ken O'Flynn

Question:

433. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the date on which the working Group established to advise on the appropriate indexation rate for Periodic Payment Orders submitted its final report to his Department; the date on which he approved, in principle or otherwise, the recommendations of that Working Group; the date on which formal drafting instructions were issued to the Office of the Parliamentary Counsel in respect of the regulations required to give effect to section 51I of the Civil Liability Act 1961, as amended, relating to the indexation of Periodic Payment Orders; whether the drafting of those regulations has been completed; whether the draft regulations have been circulated to the Department of Public Expenditure, National Development Plan Delivery and Reform, the State Claims Agency, or any other public body for consultation or financial assessment, and if so, the dates of such circulation; the specific reasons the anticipated Q4 2025 timeline for signature and commencement of the regulations was not achieved; the revised and specific timeline by which he now intends to sign and commence the regulations required to make the Periodic Payment Order framework fully operational; whether any fiscal, actuarial or public expenditure considerations have contributed to the delay in finalising or commencing the regulations. [15917/26]

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Written answers

Periodic Payment Orders (PPOs) are an alternative to lump sum awards as a method of paying compensation to catastrophically injured people. Instead of receiving compensation in one tranche, a payment is made annually on an agreed date. The annual payment amount is calculated to meet the cost of permanent and long-term care and treatment. An indexation rate is applied to the annual payment amount to ensure that the amount keeps pace with inflation.

A Working Group on the Indexation rate for Periodic Payment Orders, to advise on an appropriate index, was established following a High Court determination that the index used in primary legislation was unworkable. As part of a two-stage process, the primary legislation governing PPOs has been amended to allow for the Minister for Justice, Home Affairs and Migration to set the rate by way of secondary legislation.

The Periodic Payment Orders Indexation Rate - Report of the Inter Departmental Working Group was submitted to the Minister on 26 April 2024. The Minister approved the recommendations on 21 May 2024. Drafting instructions were issued to the Office of the Parliamentary Counsel on 13 August 2024.

There has been ongoing engagement with the State Claims Agency on the regulations.

Drafting of the necessary regulations is continuing with a number of legal matters being considered. The Minister intends to sign and commence the regulations as soon as these matters have been resolved.

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