Jim O'Callaghan

The general scheme of the Judicial Council (Amendment) Bill 2026 has been published today and proposes further reforms to the process under which the personal injuries guidelines are set.

Previous changes introduced in light of the Supreme Court ruling in Delaney introduced a requirement for revised guidelines to be approved by the Oireachtas before taking effect.

The new legislation will provide for a mechanism for the Judicial Council to reconsider revised guidelines, should the Oireachtas not approve guidelines presented to them.

It also proposes that the review period of guidelines should be increased from three to five years from the date on which new guidelines are adopted.

The Judicial Council will also now be required to consult with the Injuries Resolution Board and other stakeholders when reviewing the guidelines, and to conduct research on damages for personal injuries, including on how Irish awards compare to other jurisdictions.

The new legislation comes after the government effectively vetoed revisions proposed by the Judicial Council in February 2025, which would have increased awards by 16.7 per cent in line with inflation.

Those proposed revised guidelines were laid before the Oireachtas in line with the statutory requirement, but no vote was proposed by the government.

Justice, home affairs and migration minister Jim O’Callaghan said the legislation would make the process for adoption of the guidelines “more transparent and comprehensive”.

The general scheme also provides for procedural amendments regarding sentencing guidelines necessary to comply with the requirements of Delaney.

It further includes provisions empowering the minister for justice to ask the Judicial Council to draw up sentencing guidelines for a particular crime area within a certain timeframe and requiring the Council to comply with such a request.

“The creation of sentencing guidelines for criminal offences will enhance public confidence and allow for a more uniformed and understandable approach to sentencing,” Mr O’Callaghan said.

A further provision of the Bill sets out that future secretaries of the Judicial Council will be classed as civil servants rather than public servants.

Enterprise, tourism and employment minister Peter Burke said the new legislation “aligns with the action plan on competitiveness and productivity to support the continued reform of the insurance sector improving affordability, transparency, and availability”.

He continued: “It is vital that we have a transparent and robust review process in place for the personal injuries guidelines to ensure that we have a consistent and certain insurance market that drives competitiveness.

“As the primary body responsible for implementing the guidelines, the Injuries Resolution Board plays a central role, and it is essential, as provided for in the bill, that this is fully reflected in future reviews of the guidelines.

“I want to acknowledge the collaborative approach taken by the Department of Justice in developing the general scheme of the Bill and I will continue working alongside colleagues across government to advocate on behalf of business and consumers to drive the insurance reform agenda.”

Robert Troy, minister of state at the Department of Finance with special responsibility for financial services, credit unions and insurance, added: “This is an important bill in the context of the government’s commitment to insurance reform, ensuring increased fairness and transparency for consumers and businesses.

“The action plan on insurance reform, which I published in July 2025, sets out a range of priority measures to reform the market and this bill is further progress in that regard.

“The enhanced role that the Injuries Resolution Board will now have is particularly welcome and will add to the availability of data and analysis the government can undertake to inform future policy decisions.

“A well-functioning economy needs a well-functioning insurance market, and this bill, along with upcoming reforms under the action plan, will enhance the sector and provide certainty to consumers and businesses for their insurance needs.”