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Results 47,201-47,220 of 51,305 for speaker:Micheál Martin

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: It is simple and straightforward and people outside the House will understand it readily.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: Deputy Hogan's last point does not arise in the context of the case in the Supreme Court.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: I cannot comment on the case while it is before the court.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: You were a very hard-working and valued member of that committee as well, a Leas-Cheann Comhairle. The insurance industry is making a lot of profits but, with respect, that is a separate issue to the one before the House. Nonetheless, it is an issue that must be addressed by having more competition in the marketplace. We are anxious to attract more competition. It is not valid, however, to...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: Hopefully, the profitability of the sector in the modern economy will, in itself, act as an incentive for greater competition with more players coming into the field.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: I invite Deputy Hogan to read the record of the contributions made in this debate. The points made were not just legal points. A clear sentiment emerged that was negative towards the Personal Injuries Assessment Board and suggested the board had very little or no impact, just as Deputy Hogan has done——

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: It was suggested what happened on 11 September 2001 was responsible for increasing costs and that there were other factors.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: I accept that Quinn Direct is very competitive. Let us accept that the legislation to establish the PIAB, which was an Oireachtas initiative, was very successful——

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: ——and has had a positive impact on the people of no property and no means. It is far better than the old adversarial litigation system. Let us not be qualifying and qualifying or saying: "On the one hand but also on the other..."

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: There is a classic "Tadhg an dá thaobh" aspect emerging in this debate. Processing costs under the PIAB are on a fixed basis and are 70% cheaper than under the old litigation system. The PIAB promotes the early settlement of claims. It is open six days a week from 8 a.m. to 8 p.m. By facilitating contact and the exchange of papers between the parties, it is estimated that 40% of claims...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: I will come to that shortly. The estimated number of personal injury cases in the Circuit Court has fallen from 20,000 in 2004 to 5,000 in 2006. Monthly insurance cost indices produced by the Central Statistics Office show that the cost of consumers' motor insurance is now at May 1997 levels, a matter I dealt with in my closing speech on Second Stage. Deputy Lynch referred to the numbers...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: It has.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: In addition to the full costs claimants are receiving for the litigation, they are receiving a further €1,500 for the cost of making the application to the PIAB, which the PIAB would do for €50, as Senator O'Toole articulated so eloquently in the Seanad.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: In one case, McGarrity v. Dublin Port, an assessment of €9,200 was declined by a claimant but was subsequently accepted after the issue of proceedings, before it went to court. The claimants' costs were taxed at €6,120, which included a professional fee of €3,250.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: No, I will outline another case.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: In the second case, an assessment of €6,678 was declined by a claimant and was subsequently accepted after the issue proceedings. The claimant's costs were taxed at €3,474.80, which included a professional fee of €1,300. Costs incurred in regard to PIAB work were not allowed as only the costs of proceedings were awarded. The assessment process was declined by the respondent in...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: Costs have been recovered by claimants in cases where assessments are being rejected and subsequently accepted after the issue of proceedings. Fees of €1,000 to €1,500 are being allowed by county registrars throughout the country for PIAB work in addition to the full professional fee of the proceedings. We are aware, and PIAB has raised the issue with me, that this is becoming a...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: There are a number of cases. Is the Deputy suggesting we should wait for the thousands——

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: The Deputy is missing the point. The case does not have to go to court.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: That is the point I am making. The loophole is there to be exploited before the case gets to court. We are cutting off this loophole in the interests of the people of no property or no means. This is to protect the people of no property or no means to whom Deputy Lynch alluded. It is why we are moving with urgency. I respectfully suggest that if I introduced the Bill next year and the...

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