Results 1,121-1,140 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: We dealt with that earlier, a Leas-Chathaoirligh. I withdraw my opposition. Question put and agreed to. SECTION 49.

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

Derek McDowell: In a sense I will speak against my own amendment, which seeks to shorten the time within which the board must deal with an assessment. Nine months would be perfectly adequate for this, but I have a difficulty with one aspect, which is why I tabled my amendment. As matters stand, section 49 provides that if something is not dealt with within 15 months, having been prolonged in the first...

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

Derek McDowell: Can we specify that in the legislation? At present, section 49(5) states that if the assessment is not made before the date specified, unless the claimant consents in writing to the board continuing to deal with the matter, there is an authorisation to go to court. Perhaps we should specify that the board will only seek the consent of the claimant in exceptional circumstances.

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

Derek McDowell: I want to prevent the assessor asking for prolongation as a matter of routine. At the Freedom of Information Commission, for example, the time limits are meaningless because the consent of the person seeking the information is forever sought to prolong the time. The claimant in that case knows well that if he or she does not consent, the request will be refused.

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

Derek McDowell: One of the ironic benefits of the current system is that because it takes so long to get the case to court, it is unlikely anything will happen subsequently that will require a reapplication to court. However, I do not think this was intended. If the speed with which the PIAB deals with cases is such that some effects of the injury have not become apparent, the case Senator Mansergh makes is...

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

Derek McDowell: Most cases have full and final settlement. This is intended to be the end of the matter unless one has a settlement that allows for review. This is extremely unlikely as insurance companies would not agree to it. The court case is final in all cases unless it specifically states otherwise.

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

Derek McDowell: Is the Minister aware whether her colleague, the Minister for Justice, Equality and Law Reform, intends to shorten the period provided for in the Statute of Limitations? The heads of the Courts (Amendment) Bill were published during the summer and it indicated that the intention was to shorten the period. Is this still the case?

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

Derek McDowell: I move amendment No. 32: In page 30, subsection (1), line 29, after "as" to insert "Bord Measúnaithe Díobhálacha Pearsanta or in the English language". While I confess that I did not draft this, it is our best effort to translate "Personal Injuries Assessment Board" into the first national language. We came up with "Bord Measúnaithe Díobhálacha Pearsanta" and I challenge the Tánaiste's...

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

Derek McDowell: Does the Minister for Community, Rural and Gaeltacht Affairs intend to provide that the Official Languages Act applies to this area? Will it be incumbent on the board to have staff available that can deal with people using the Irish language?

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

Derek McDowell: I invite the Minister to make some comments on the preparation of the book of quantum. This is the only reference in the Bill to the book of quantum and it does not spell out in any great detail what it does. It only states that it will contain general guidelines as to the amount that may be awarded. The impression is sometimes created that these are relatively simple things and in certain...

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

Derek McDowell: I move amendment No. 33: In page 31, subsection (1), line 43, to delete "and the chief executive". The amendment proposes that the chief executive, while he or she should be entitled to attend a board meeting, would not be a voting member of the board. This issue has arisen with other State boards. It is a normal provision that the board directs and the chief executive is an employee who acts...

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

Derek McDowell: The Tánaiste correctly anticipated the point I was about to make. I had in mind a particular State board whose chairman was also its chief executive officer. It is now generally accepted that this practice should be avoided on State boards. In a sense, we are seeking to go a step further by ensuring the chief executive officer could not be a voting member of the board and would be permitted...

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

Derek McDowell: I move amendment No. 34: In page 32, subsection (5), between lines 9 to 10, to insert the following new paragraph: "(a) 1 shall be appointed jointly by the Law Society of Ireland and the Bar Council,". I give way to Senator Bradford.

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

Derek McDowell: My reluctance to speak to the amendment arose from a certain diffidence in proposing that an organisation of which I am a member should be represented on the board. Nevertheless, the case in favour of doing so stands up. Irrespective of whether we like it, members of the Law Society and the Bar Council have significant experience of the type of business which will be dealt with by the new...

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

Derek McDowell: I am agnostic on that matter.

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

Derek McDowell: The Irish Insurance Federation is represented on the board. The Tánaiste has no problem with having the Irish Insurance Federation represented on the board ex officio. It is specifically mentioned in the legislation.

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

Derek McDowell: Insurers are on one side of the equation. Claimants are the other side.

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

Derek McDowell: These matters have traditionally been pursued by lawyers as people who seek to uphold the rights of their clients. As a result, they have a fair degree of expertise in dealing with these kinds of claims and, as such, it is not unreasonable to reflect this on the board.

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

Derek McDowell: I would be more open to the Tánaiste's argument if the Irish Insurance Federation was not represented on the board.

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

Derek McDowell: As the Leas-Chathaoirleach correctly pointed out, we have discussed amendment No. 37 already. I do not wish to delay the House but ask for his indulgence since I did not argue in favour of the amendment earlier in the debate. The reason for the amendment was to remove the gagging order. It is fairly routine when setting up a State board that its members or, at least, its chairperson is...