Results 721-740 of 1,338 for speaker:Kathleen O'Meara

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: The Minister is as good as his word. He has done what he indicated he would do. I have looked at the report of the full debate on this matter on Committee Stage and at the legislation. I am inclined to agree with the Minister that an extraordinary level of complexity would be created if there were one rule for medical negligence cases and another for non-medical negligence cases. I hope the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I thank the Minister for bringing forward this amendment, which meets the concerns I raised on Committee Stage.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 12: In page 8, between lines 17 and 18, to insert the following: "(2) The amendment effected by this section shall not apply to actions for personal injuries arising from medical negligence or other actions falling outside the jurisdiction of the Personal Injuries Assessment Board, or to actions for personal injuries which are so serious as significantly to impair the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: That is a pity. The arguments made on Committee Stage were important.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I agree with my fellow Senators that two months comprise a very short period. Four months would meet the Minister's intentions. I join Senator Henry in questioning how we will know the courts will interpret the provision in the same way as the Minister. We can only go on what is in the Bill and I am assuming the courts will do the same. While the Minister's intention is in the spirit of the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 16: In page 9, line 20, after "summons" to insert "shall be in such form (if any) as may be prescribed by rules of court and". This amendment is fairly self-evident. Has the Minister had any thoughts on it since Committee Stage?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I thank the Minister for his remarks and I withdraw amendment No. 16.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 17: In page 9, between lines 37 and 38, to insert the following: "(3) A Statement of Claim shall not be required in a personal injuries action in the High Court and a defendant shall join issue on a personal injuries summons by delivering a defence thereto within twenty-one days from the service of the personal injuries summons.". I believe we also discussed this...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I will defer to the Minister's superior knowledge on this matter.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 18: In page 10, line 10, after "with" to insert "the following information so far as it is known to him or her". This amendment is reasonable and its object is to clarify the section.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I recall what the Minister said on Committee Stage and, once again, I will defer to his superior knowledge on this issue. However, we are relying on the Courts Service to amend its rules and I hope the Minster will ensure this happens.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 19: In page 10, between lines 21 and 22 to insert the following: "(2) Upon the request of a plaintiff in a personal injuries action, the defendant shall provide the plaintiff with full particulars of any matter alleged in the defence of the defendant and such other information as may reasonably be requested by the plaintiff within the knowledge of the defendant including...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 20: In page 11, line 18, after "alleges" to insert "and full particulars of the acts of the plaintiff constituting any alleged negligence or contributory negligence". Once again, this has been discussed on Committee Stage. Given the Minister's response to the other amendments, I do not expect him to accept this one.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 22: In page 12, line 45, to delete "7 days" and substitute "one month". This amendment concerns the swearing of an affidavit. We have had representations from the legal profession to the effect that the period of seven days is simply too short to effect what is required. I appeal to the Minister's sense of fairness. Even if he was unwilling to stretch it to one month,...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 1 to amendment No. 22: To delete "one month" and substitute "21 days".

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 24: In page 13, between lines 3 and 4, to insert the following: "(5) The court concerned may enlarge the time for lodgement of an affidavit under this section for sufficient reason.". On Committee Stage, the Minister said this matter was already covered. My advice was to re-table the amendment to seek clarification as we did not have a full debate on the matter. The...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 25: In page 13, line 24, after "where" to insert "a plaintiff decides to file such an affidavit or".

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 27: In page 14, line 14, after "conference" to insert "or any records thereof". The Minister said he would have a look at this amendment. On Committee Stage he said he was not sure whether this was already implicit in the legislation.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I accept what the Minister said and I will withdraw the amendment.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 29: In page 14, line 22, after "concerned" to insert "and the parties to the action". I assume amendment No. 31 is the Minister's response to what I have raised in amendment No. 29.