Results 1,101-1,120 of 1,683 for speaker:Derek McDowell

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I find the Tánaiste's argument persuasive. Amendment, by leave, withdrawn. Section 30 agreed to. Section 31 agreed to. Amendment No. 21 not moved. Sections 32 to 34, inclusive, agreed to. SECTION 35.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I move amendment No. 22: In page 24, subsection (2), line 27, after "requires any" to insert "lodgement, tender or". This is essentially a technical amendment. Subsection (2) refers to any enactment or rule of court which requires a settlement to be ruled. I am advised by the party's legal people that this is most likely to arise in the case of a lodgement being made and that the court rules...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: It is a technical issue. Amendment, by leave, withdrawn. Section 35 agreed to. SECTION 36.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I move amendment No. 23: In page 25, between lines 16 and 17, to insert the following new subsection: "(5) For the purposes of proceedings which are brought subsequent to an authorisation under this section, a decision of the court under subsection (1) refusing to approve an assessment shall be deemed to be a decision of the court in which the proceedings are brought refusing to approve a...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I mean in respect of that case.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: That is not the intention.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I thank the Tánaiste and Minister for Enterprise, Trade and Employment. Amendment, by leave, withdrawn.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I move amendment No. 25: In page 26, subsection (2), lines 30 and 31, to delete "but not section 22 of the Courts Act 1981". I am not sure why the provision is in the Bill under section 40, but the Bill prohibits the payment of interest on awards that it makes. I want to know why the Tánaiste and Minister for Enterprise, Trade and Employment has chosen to take this particular route. It may...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: It seems to specifically exclude the application of that section of the Courts Acts which deal with interest. Perhaps I am wrong because I do not claim to have expertise in this matter.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I move amendment No. 26: In page 27, subsection (3), line 41, after "are" to insert "any charge imposed on the claimant under section 22(1) and any other". This amendment deals with the same issue of court interest. Amendment, by leave, withdrawn.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I move amendment No. 27: In page 27, after line 44, to insert the following new subsection: "(4) Where a claimant or his or her solicitor disputes the amount of fees and expenses specified in a statement under this section, that amount may be the subject of review by the person or authority which would have jurisdiction to review the fees and expenses had they been incurred in proceedings to...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: That does not include the cost of any advice received before a claim is initiated.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Yes.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Are expenses recoverable if, for example, a person goes to a solicitor who does some preliminary work and then suggests that the person must go to the assessment board?

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: That may be true. However, the section explicitly accepts the principle that expenses incurred in mounting the claim are recoverable. The Minister seems to suggest that only decent expenses are recoverable and not the indecent expense of getting advice from a lawyer.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: The Minister seems to suggest that as a matter of principle it is not reasonable to cover any type of legal costs.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: The Minister would not pay them either, if she could get away with it.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I accept the general principle, but we can take the principle of lawyer bashing too far. It is still likely that one of the first ports of call by someone involved in an accident will be the legal profession for legal advice. To say we should not pay this as a matter of principle because it is going down the slippery slope of making it a court related or legal process rather than a claim or...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: When a person is injured at work, he or she does not appreciate that liability is an issue in many cases. Many people do not realise that we have a fault based system which requires a person to establish that the employer or someone driving a car is at fault before he or she can recover money for injuries sustained. Many people do not know such basic facts which we take for granted. To say,...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I will not delay the House, but I want to rebut the suggestion by the Tánaiste that I am challenging the premise of the Bill – I am not doing so. I accept the premise of the Bill. There is a need for a simpler, quicker process. Many of the criticisms the Tánaiste has levelled at the current system are entirely justified and fair. I am only seeking to ensure one thing. There will still be...