Results 601-620 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: I move amendment No. 16: In page 19, subsection (2), line 13, after "more" to insert "registered". This is the point made by Senator Henry earlier. The amendments would insert the word "registered" before "medical practitioner". We discussed the issue at length earlier.

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

Derek McDowell: I would like to hear any speaking note the Tánaiste has on the specific duty of care the board has towards vulnerable people. It appears to provide for legal advice in certain cases and I would like to hear the circumstances and how such advice will be delivered.

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

Derek McDowell: The Tánaiste's comments are interesting because the section deals with vulnerable people but people who are not obviously vulnerable might make a mistake during the process. Even the relatively simple business of filling out forms can become confused and people might not realise if they get two medical reports that the second one has to be passed on because they do not appreciate its...

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

Derek McDowell: While the note in the margin of the section refers to "vulnerable parties", the section itself does not specify "vulnerable persons" at all, unless I have missed it. It simply refers to a situation where the board considers it to be a reasonable inference from the manner in which a case is being pursued that it is not being done properly, which could apply to not just vulnerable parties, even...

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

Derek McDowell: It does not actually say "incomplete". It is possible that it would be incomplete. It is possible that somebody may have an initial medical report but does not go back for a subsequent report and should do so. If they were receiving advice from anybody, they would be advised to go back and get a second medical report. They may go to a doctor three or four weeks after an accident. They may get...

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

Derek McDowell: Thank you.

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

Derek McDowell: All I wanted to establish was that the Tánaiste and Minister for Enterprise, Trade and Employment envisaged that there would be an intervention in a number of cases to inform people that they should get advice of whatever kind. I am glad that is on the record. Question put and agreed to. SECTION 30.

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

Derek McDowell: I move amendment No. 20: In page 22, between lines 6 and 7, to insert the following new subsection: "(2) A notice under this section shall not contain any particulars relating to the Board's opinion of the claim other than the amount of the assessment and in particular shall not disclose any information obtained by the Board pursuant to sections 26 to 28.". This deals with the notice the...

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

Derek McDowell: I find the Tánaiste's argument persuasive. Amendment, by leave, withdrawn. Section 30 agreed to. Section 31 agreed to. Amendment No. 21 not moved. Sections 32 to 34, inclusive, agreed to. SECTION 35.

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

Derek McDowell: I move amendment No. 22: In page 24, subsection (2), line 27, after "requires any" to insert "lodgement, tender or". This is essentially a technical amendment. Subsection (2) refers to any enactment or rule of court which requires a settlement to be ruled. I am advised by the party's legal people that this is most likely to arise in the case of a lodgement being made and that the court rules...

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

Derek McDowell: It is a technical issue. Amendment, by leave, withdrawn. Section 35 agreed to. SECTION 36.

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

Derek McDowell: I move amendment No. 23: In page 25, between lines 16 and 17, to insert the following new subsection: "(5) For the purposes of proceedings which are brought subsequent to an authorisation under this section, a decision of the court under subsection (1) refusing to approve an assessment shall be deemed to be a decision of the court in which the proceedings are brought refusing to approve a...

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

Derek McDowell: I mean in respect of that case.

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

Derek McDowell: That is not the intention.

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

Derek McDowell: I thank the Tánaiste and Minister for Enterprise, Trade and Employment. Amendment, by leave, withdrawn.

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

Derek McDowell: I move amendment No. 25: In page 26, subsection (2), lines 30 and 31, to delete "but not section 22 of the Courts Act 1981". I am not sure why the provision is in the Bill under section 40, but the Bill prohibits the payment of interest on awards that it makes. I want to know why the Tánaiste and Minister for Enterprise, Trade and Employment has chosen to take this particular route. It may...

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

Derek McDowell: It seems to specifically exclude the application of that section of the Courts Acts which deal with interest. Perhaps I am wrong because I do not claim to have expertise in this matter.

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

Derek McDowell: I move amendment No. 26: In page 27, subsection (3), line 41, after "are" to insert "any charge imposed on the claimant under section 22(1) and any other". This amendment deals with the same issue of court interest. Amendment, by leave, withdrawn.

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

Derek McDowell: I move amendment No. 27: In page 27, after line 44, to insert the following new subsection: "(4) Where a claimant or his or her solicitor disputes the amount of fees and expenses specified in a statement under this section, that amount may be the subject of review by the person or authority which would have jurisdiction to review the fees and expenses had they been incurred in proceedings to...

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

Derek McDowell: That does not include the cost of any advice received before a claim is initiated.