Results 541-560 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: Surely not.

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

Derek McDowell: Perhaps if the Tánaiste had asked me in time, I would have applied.

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

Derek McDowell: I ask for your understanding and guidance, a Chathaoirligh, because this is partly my fault. I moved amendments Nos. 2 and 3 together. In fairness to the Minister, she intended to address only one of them in her response. The effect in terms of the debate is that we did not deal with the other amendment. I withdrew amendment No. 2 following what the Minister said, but I did not intend to...

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

Derek McDowell: I am talking about amendments Nos. 1 and 2.

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

Derek McDowell: I intended to withdraw amendment No. 1, but I withdrew amendments Nos. 1 and 2. I am not sure if the Minister addressed amendment No. 2.

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

Derek McDowell: The Minister said she was well disposed to the amendments. I think she was referring to amendment No. 1 rather than amendment No. 2.

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

Derek McDowell: I understood the Minister's point.

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

Derek McDowell: How did I manage to do that?

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

Derek McDowell: The Minister is right in that there are few assessment reports from the type of people to whom we referred. The reason is that one might be faced with having to bring such a person to court where he or she would be given short shrift. When the threat of being exposed in open court is not there, it is perhaps more likely that people would chance their arm by putting in reports from people who...

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

Derek McDowell: I ask the Minister to talk me through this section because I am not totally clear about it. It seems that the Bill provides under section 48 for circumstances where both parties can go to the assessment board and that the Bill can be effectively retrospectively applied, but that generally it is prohibited. Perhaps the Minister could let me know if I am wrong.

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

Derek McDowell: I do not understand why it is anticipated that there might be a demand for both parties to apply to the assessment board. Why might that happen and why was a provision made in that regard?

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

Derek McDowell: It is section 6(2) which states "without prejudice to section 48". Section 48 provides for both parties, which I presume is by consent, to apply to the assessment board even in circumstances where legal proceedings have been started before the Bill comes into effect.

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

Derek McDowell: It is difficult to see how that could happen.

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: I presume that means aborting the issue of liability during the course of court proceedings.

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

Derek McDowell: It is being parked.

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

Derek McDowell: That is perhaps my only serious difficulty with the Bill. We are parking the issue of liability. We are not saying that liability is not an issue, but that it is not an issue pending an assessment of the damages, at which point either party can revive it as an issue.

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

Derek McDowell: Does the Minister mean to have the damages assessed? The reason is that insurance companies regularly agree and pay damages in circumstances where they do not think they should be liable because they want to get it off their books. It is not unusual for them to pay out even in circumstances where they think they should not pay out without the consent of their insured. They might agree to run...

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

Derek McDowell: If it is too much. If it is €5,000, they will pay it, but if it is €6,000 or €10,000, they will go to court.

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

Derek McDowell: Senator Leyden is correct that it is not possible to prevent people from seeking legal advice. Unless she has had a change of mind, the Minister appears to want to prevent people from using solicitors as agents. If a claimant wants a person to act as an agent and communicate with the board on his or her behalf, the board should at least have the courtesy to communicate with that agent....