Results 14,401-14,420 of 35,891 for speaker:Pearse Doherty

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 4:In page 4, line 13, after “counsel” to insert “by either the claimant or the insurance undertaking or by both”. Again, this amendment attempts to capture what happens informally back and forth that may lead to settlements not being recorded. The current definition of "direct negotiation" in subsection (4) is very limited. It is more a...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: The definition cannot be changed by regulation. The definition can only be changed by the approval of the Houses of the Oireachtas. The definition in this case has direct negotiation as including in whole or in part the services of a solicitor or counsel. I appeal to the Minister of State to reflect on this. The amendment does not take away from the provision unless I am unaware of some...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: That is not what the Bill states. I appreciate that that is the intention of the Minister of State but we have to look at what is stated in the legislation. The provision does not refer to all negotiations. It refers to negotiations involving in whole or in part the services of a solicitor or counsel.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: Where? That is not in the text. It does not say that in the legislation.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: We know what direct negotiation is but when we are drafting law we put in the words "direct negotiations" and then we define the term for the purposes of the Bill. For the purpose of the Bill, direct negotiations, as the Minister of State has outlined it, is not what is stated in the Bill. It is not stipulated in the Bill that what he has referred to is what direct negotiations involve. It...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I am not satisfied with that answer. I tabled the amendment because I wanted to hear what the Minister of State and his officials had to say. I think that is rather loose and it does not appear to be what is in the legislation. Having said that, I will withdraw the amendment and then we can review it.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: Amendment No. 8 relates to mediation. The point is similar to the point I was making with amendment No. 4. It relates to the Mediation Act. I wish to reflect on the Long Title and what it tells us about the purpose of it. It refers to an Act "to facilitate the settlement of disputes by mediation, to specify the principles applicable to mediation, to specify arrangements for mediation as...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I appreciate that.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 5:In page 4, to delete lines 16 to 18. We discussed this already. I will withdraw the amendment and will consider bringing it forward on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 6:In page 4, between lines 36 and 37, to insert the following: “ “risk in the State” in relation to risk under an insurance policy, means a risk that is not an excluded risk and that is—(a) a risk relating to a building in the State or, if a building and its contents are covered by the same insurance policy, to the building in the State and...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 7:In page 5, between lines 21 and 22, to insert the following:“(c) direct negotiation after registration of the claim by the claimant under the Personal Injuries Assessment Board Act 2003 but before the respondent consents or declines a formal assessment progressing, (d) direct negotiation after consent by the respondent to a formal assessment but before a final...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 8:In page 5, line 27, after “arbitration” to insert “or mediation as per the Mediation Act 2017”. Based on what the Minister of State has said about looking at this prior to Report Stage I will withdraw it.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I wish to comment on section 6. Section 6(1) states that the relevant information will be made available to the State to enable us to identify factors that influence the cost of insurance. To what end? Who will actually get this information? What are such persons going to do with the information? That is my first point and it is a fundamental issue. There must be transparency. Will a...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 10:In page 7, line 34, to delete “use its best endeavours to”. The amendment seeks to delete from the legislation the words “use its best endeavours to”. Section 8(3) states: “In relation to the data to be collected by the Bank from an insurance undertaking under subsection (2), the insurance undertaking shall use its best endeavours...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I acknowledge what the Minister of State has stated and will reflect on the wider implications of the words within the section.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I am disappointed that my amendments, Nos. 11 to 14, inclusive, were ruled out of order, particularly amendment No. 13 which simply sought to delete a paragraph that stated that a published report should not identify any particular insurance undertaking. It is not appropriate to include that provision as we should be facilitating transparency. The identification of an insurance undertaking...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I know it is not the Chairman. It is whoever is pulling his strings. A number of amendments were ruled out of order. One of them was ruled out of order for reasons beyond my understanding. The official response as to why it was ruled out of order was that it would impose a charge on the State. This was to specify that motor insurance or public liability insurance would be subject to this...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: This amendment to reduce the notification period for the serving of a letter of claim from two months to one month, in the context of data protection and GDPR, seems sensible. I do not have an issue with that as such. I have an issue with the other parts of what the Minister of State has done here. The Minister of State has removed the words "or as soon as practicable thereafter", which...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: To clarify my point, when I stated that it benefits a fraudulent claimant to delay I did not mean in the case outlined by the Minister of State, where there is an obvious benefit. For this reason, Deputy McGrath's question is relevant. I was referring to section 14 and cases where proceedings have already been served.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: This requires an affidavit to be sworn to say that what is in the pleadings is an accurate and true reflection. If a fraudulent claim has begun, why would it be to the advantage of a fraudulent claimant not to swear their pleadings? They have to do so before the court anyway at some point. All it does is delay the case. That is my point; I was not referring to the delay. A period of one...