Results 41-60 of 24,635 for speaker:Mary Harney
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: I am well disposed to what Senator Henry is seeking to do. Unfortunately, I do not have any legal ingenuity about how we would do it. We have consulted on it and we may consult further. From time to time it may be necessary to go outside the State to get the type of medical expertise appropriate for specialised injuries. The medics involved, therefore, would not be medical practitioners under...
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: I understand that few reports come from the type of persons referred to by the Senator in current personal injuries practice. However, I will reflect on it and consult legally and come back on Report Stage.
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: That report will go to the independent panel, all of whom are practitioners under the 1978 Act. We know that traditional medics, if I can call them that, do not have high regard for the alternative way of doing business. A person would be foolish if he or she did not have someone from what I would broadly call Senator Henry's branch of the profession. I am not being funny when I say that. I...
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: The word "happy" might exaggerate my state of mind on a permanent basis. However, I want to ensure this works, whether or not I am happy. Amendment, by leave, withdrawn. Section 4 agreed to. Section 5 agreed to. SECTION 6. Question proposed: "That section 6 stand part of the Bill."
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: The Senator's understanding is correct.
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: Is the Senator referring to section 6(3)?
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: Yes, if both people agree. It would be more desirable than going through the court system.
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: Why it would happen?
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: If a claimant and a respondent, who currently advocate going through the traditional route but may not go to court, agree to move the case to the PIAB, is there a difficulty with that? They may wish to do so.
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: No. This is where liability is not an issue.
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: The PIAB will only deal with issues where liability is not an issue.
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: Why would someone wish to do that? Why would someone go down that route?
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: In other words, they will contest liability if itâ
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: Senator McDowell is correct that currently many insurers pay up small amounts because it is cheaper than going to court. A person might accept â¬2,000 to â¬5,000, for example, which amount would not obtain much in terms of expert advice. Under the new arrangement all the legislation, particularly the Civil Liability and Courts Bill initiated by the Minister for Justice, Equality and Law...
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: I cannot answer questions any more without there being a headline.
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: We must be clear about what we are trying to do here. If there are legal issues in dispute, it is always important to have a lawyer. If this board was going to deal with legal issues there would have to be legal representation. However, it will not do that. There will be no oral hearings and legal issues will not be a matter for the PIAB. They are a matter for the courts. A culture has grown...
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: Senator Mansergh has made a fair point. The purpose of the PIAB is to be a friend, rather than an enemy, of claimants and secure their entitlements quickly, efficiently and inexpensively. One pays for this process through one's premium, by putting one's job at risk or by other means. The procedures Senator McDowell described are more appropriate to the rules than the legislation. One cannot...
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: The PIAB must be seen to have a fair, objective procedure. Those with good advocates should not receive more than those who do not. This would raise the possibility that those with legal representation would be able to make a better case and convince an assessor. The assessor will make the recommendation based on the medical facts, rather than dialogue or discussion with the claimant....
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: It is not clear.
- Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)
Mary Harney: Is the Senator saying that if the claimant has something, they should be allowed to keep it and not give it to the board? Is that the purpose of the amendment?