Results 521-540 of 1,338 for speaker:Kathleen O'Meara

Seanad: Order of Business. (3 Jun 2004)

Kathleen O'Meara: As Senator Finucane stated, tax revenues have exceeded Government expectations for the year and it certainly looks as if the Minister for Finance will have more money to spend this year.

Seanad: Order of Business. (3 Jun 2004)

Kathleen O'Meara: There is much to be said for the manner in which the Government engineered it so that there were cutbacks directly after the election in order to create the notion of bonanza at the appropriate time. From what I am hearing on the doorstep the public is not fooled. If the Government was responsible, it would consider how to spend the money equitably and fairly. Senator Finucane has referred to...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 2: In page 7, line 36 after "24(2)," to insert "any provision of". This is a technical amendment which relates to section 1(2) of the Bill. It is designed to reflect the fact that all of Part 2 might not necessarily be brought into operation on the same day and a different provision could be brought into operation on another day. It is quite clearly stated in Part 1,...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Kathleen O'Meara: I thank the Minister for his approach. Amendment, by leave, withdrawn. Amendment No. 3 not moved. Section 5 agreed to.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Kathleen O'Meara: I too support Senator Terry's amendment for the reasons already set out. I have also been lobbied, specifically by the "Tipperary Solicitors' Bar Association" in recent times about this particular element of the legislation.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Kathleen O'Meara: I wonder why as well. The reaction is an interesting one because the legislation is set against the background of a compo culture, which we know exists.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Kathleen O'Meara: The courts are being clogged up with claims. A person will sue if they allegedly fall into a pothole. We have read stories of Dublin City Council being sued for millions. The fact remains that accidents occur and there are genuine victims. I hope the purpose of the legislation is not to penalise people who have been involved in accidents or are the victims of events which were not their...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Kathleen O'Meara: I am not motivated by it.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: Senator Henry has raised the questions I wanted to ask. I look forward to the Minister's response and commend him on his open approach to the views expressed in the House and elsewhere on this fundamental element of the legislation. I seek the Chair's guidance on a matter and the Minister's response thereto. The Minister will return to Government to discuss whether to impose a limitation...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: It is not my intention to delay the House on procedural issues and I accept the Chair's ruling. The business of the day has been ordered but we were not aware the Minister was taking this approach. It is also not my intention to delay the legislation and I accept it is urgent and needs to be on the Statute Book as soon as possible. The House is not in the habit of delaying legislation....

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 9: In page 8, between lines 17 and 18, to insert the following subsection: "(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...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: No, it is not being pressed today. However, when this amendment comes back it will be a fairly significant amendment to the legislation and because it will be Report Stage, we will not be able to have the broad debate all Senators would like to have. I welcome the Minister's approach and look forward to seeing what he returns with. However, I regret that we are taking the wrong approach in...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 11: In page 8, subsection (1), line 19, to delete "2" and substitute "4". This amendment deals with the letter of claim, to which the Minister referred earlier. The person intending to bring an action has not more than two months to lodge the letter of claim. The section states that the two months should be not later than two months after the date of accrual of the cause...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I agree generally with everything the Minister said. However, it can be achieved more fairly in four months. If the amendment suggested one year the Minister would have a case to make. The request that the period in question be extend from two to four months is not unreasonable. I am not a legal practitioner and do not spend time in the courts. I do not know the minds of judges. The Minister...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 13: In page 8, subsection (2), to delete lines 26 to 29, and substitute "may deduct from any costs payable to the plaintiff such amount, if any, of additional costs as has been incurred by the late service or non-service of a letter of claim.". This amendment refers also to section 7 and relates to the discussion we had. The purpose of the amendment is to make the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: As a former practitioner, the Minister has probably greater insight, but I am surprised at his remark about the difficulty of calculating the extra costs of the defendant. I think there would be nobody better to calculate the additional costs on the defendant and the defendant's legal adviser than the legal adviser himself. They are good at issuing bills and I do not know any office that does...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 15: In page 9, subsection (2), line 20, after "summons" to insert "shall be in such form (if any) as may be prescribed by rules of court and". This is a technical amendment designed to make clear that the rules of court may specify the form of the summons, provided that the information listed in section 9 is included.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 16: In page 9, between lines 37 and 38, to insert the following subsection: "(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.". Under this Bill the personal...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I agree with the Minister, but will the Courts Service do that or will he prompt them?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 17: In page 10, subsection (1), line 10, after "with" to insert "the following information so far as it is known to him or her". Some of the information referred to in this section, for instance, medical particulars under section 10(1)(c) would not necessarily known to a plaintiff and, accordingly, it seems appropriate to make clear that only the information known to the...