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Seanad: Report of Tourism Policy Review Group: Statements. (19 Nov 2003)

John Paul Phelan: That is true.

Seanad: Order of Business. (24 Nov 2003)

John Paul Phelan: I support Senator Finucane's request that the Minister for Justice, Equality and Law Reform come into the House to explain his proposed reforms of the Garda. As Senator Ulick Burke indicated, there are huge problems with law and order in rural as well as urban areas. Over a number of years we have seen the continuous decline in the number of manned rural Garda stations. Any proposal to...

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

John Paul Phelan: I move amendment No. 3: In page 10, subsection (1), line 44, after "advice" to insert "and legal representation". I did not get a chance to speak on this Bill on Second Stage. I welcome the Tánaiste and Minister for Enterprise, Trade and Employment. It is good, as the Leader said, for the senior Minister responsible to be present in the House. However, I was starting to wonder whether she...

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

John Paul Phelan: The effect of this amendment is to provide people with an entitlement to legal representation in their dealings with the PIAB if they so choose. While the PIAB may prefer to deal directly with claimants, there will no doubt be some claimants who would like the assistance and guidance of their family solicitors, for example, in dealing with the board, provided they are prepared to pay for the...

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

John Paul Phelan: It is a dreadful nuisance.

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

John Paul Phelan: I agree with Senator Leyden although it is interesting that his initial remarks were almost directly contradicted by his subsequent remarks, perhaps not for the first time. I also agree with what Senator Quinn said about reducing the delays and costs associated with the existing court system. People have legal rights and we should not infringe the right to legal representation. We all...

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

John Paul Phelan: I agree with Senator McDowell's comments. The Tánaiste has not properly replied to his crucial point on levelling the playing field. While we all accept the need to reduce bureaucracy and speed up the process, the great weight of professional expertise will continue to rest with the insurance companies, while the ordinary bloke in the street will try, with the help of legal advice, to...

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

John Paul Phelan: I agree with Senator McDowell and the Labour Party amendment. It goes to the nub of the Bill and I urge the Minister to look at it. There is a great case to be made for accepting and dealing with the issue of liability at the start of the process rather than leaving it there as a last chance saloon for the insurance industry if it seeks to reject the ruling of the board. It goes to the heart...

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

John Paul Phelan: I move amendment No. 12: In page 14, line 1, to delete "Neither" and substitute "Subject to Section 32(4) neither". This amendment is tabled under section 16 and is relevant only if the Tánaiste does not agree to delete section 16.

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

John Paul Phelan: I am taking that as a given.

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

John Paul Phelan: Fine Gael has a problem with this section. As Senator McDowell pointed out, many people have a problem with section 16. Concerns have been expressed in this House during the Second Stage debate on the PIAB that there is a risk of adding to the bureaucracy and the costs if the matter is not dealt with correctly. There is a fundamental flaw in the PIAB which has not been addressed to date....

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

John Paul Phelan: The insurance company ultimately decides whether the case goes before the PIAB. However, as I understand the legislation, if an insurance company is not happy with what emerges from the PIAB, it can reject the assessment and proceed to deny the liability in subsequent court proceedings. We have discussed this issue while considering the amendments tabled by Senator McDowell.

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

John Paul Phelan: The point goes back to liability. The insurance company must accept that if a case is brought before the PIAB, liability will be dealt with at that stage, and not parked and possibly brought up again in any subsequent court case. I understand what the Tánaiste said. Perhaps I did not make my point very well; she will have to forgive me. My colleague, Senator Coghlan, was to deal the issue...

Seanad: Order of Business. (25 Nov 2003)

John Paul Phelan: I want to raise an issue which was raised last week by one of my colleagues, namely, potato disease or ring rot. It has been brought to my attention – I do not know if it is correct – that the farm in Wales where the disease broke out has been exporting seed potatoes to this country for the past five years. I urge the Leader to contact the Department of Agriculture and Food to see if we...

Seanad: Book of Estimates 2004: Statements. (26 Nov 2003)

John Paul Phelan: Where?

Seanad: Book of Estimates 2004: Statements. (26 Nov 2003)

John Paul Phelan: Appalling.

Seanad: Book of Estimates 2004: Statements. (26 Nov 2003)

John Paul Phelan: Yes, we got the first ten years.

Seanad: Book of Estimates 2004: Statements. (26 Nov 2003)

John Paul Phelan: That is a vote.

Seanad: Book of Estimates 2004: Statements. (26 Nov 2003)

John Paul Phelan: All right.

Seanad: Book of Estimates 2004: Statements. (26 Nov 2003)

John Paul Phelan: I was the only one who said nothing.

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