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

Terry Leyden: I did not say that. I know it will be a paper-based system. The paper would be prepared by a solicitor, who would be in direct communication with the claimant and the board. I realise there will be no personal appearance by the solicitor or the claimant but the paperwork would be dealt with by a solicitor.

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

Terry Leyden: On a point of clarification, I was not advising any of my clients not to pay tax but pointing out that in cases in which I have advised on farm tax profiles, the people concerned have found they had no obligation to pay tax. I am sure the Tánaiste also fills out these forms. My point is that public representatives will be brought into the loop by constituents asking us to contact the PIAB...

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

Terry Leyden: I do not think it is reasonable to stipulate a time like 14 days. "As soon as practicable" is used in most Bills, and in fairness to the workings of the board it would have to ensure a quick response. This would have the effect of tying the board down. Someone might object if they do not get a reply within 14 days and this could create difficulties. The wording is fair, but from my dealings...

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

Terry Leyden: It is wise to leave the discretion to the board and it would be wrong to tie its hands. The board must be let carry out its responsibilities without being restricted. It is very hard to word or frame the type of restrictions to which the Senator refers. I recommend the section be left as it is and support the Tánaiste on that point. Amendment, by leave, withdrawn.

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

Terry Leyden: This goes back to the question of legal advice. Most people making an application to the PIAB will get legal advice when completing application forms. It is clearly indicated that there will be some cases where people will be advised to get advice. It is self-explanatory.

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

Terry Leyden: The interim board is now in the process of getting tenders for the preparation of a detailed book of quantum from specialists in this field, taking into account the tradition in Ireland and elsewhere regarding compensation for different injuries. We will have to leave it in the hands of the board to come up with the book of quantum, which will be broadly based and will take into account...

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

Terry Leyden: For the board to work the chief executive must have an important role and be a member of the board. It is reasonable that someone of that calibre should be a member of the board. It lessens the chief executive's effectiveness in dealing with the board if he or she is not a full member of it. I compliment our colleague, Senator O'Toole, who is a member of the interim board. I note the Bill...

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

Terry Leyden: I would be surprised if the Bar Council or Law Society wanted to have a representative on the board, given the level of opposition they have mounted to the legislation among Oireachtas Members. Both organisations put a strong case against the board being established. I do not know whether the Senator wants Conor Maguire of the Bar Council to be appointed to the board. In that case, who would...

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

Terry Leyden: The provision states that "the chief executive shall not question or express an opinion on the merits of any policy.". It is not like when one criticises the editor of The Irish Times that one might be sacked. It does not provide that the Minister will sack—

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

Terry Leyden: Excellent. I hope I played a role in that. I thank the Leader for that information.

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

Terry Leyden: I raised it on the Order of Business. He is a fellow Roscommon man, from Castlerea. I am delighted that before Christmas the "Old Lady of D'Olier Street", and I am not referring to the editor, has a heart and is not like Scrooge. This section does not provide that the Government will actually dismiss the chief executive officer.

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

Terry Leyden: He wrote Jiving at the Crossroads for myself and former Deputy, Seán Doherty. We are mentioned in it, fairly or unfairly. The provision does not provide that the Government would dismiss the chief executive officer if he or she made a comment at a meeting of the Committee of Public Accounts. The chairperson, Dorothea Dowling, will not be gagged by anybody. She is most effective in her work...

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

Terry Leyden: Something has not been clarified and it is most important that it is clarified. Senator Scanlan brought it to my attention.

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

Terry Leyden: Section 70, but it is important that it is clarified. I stated in the House that Senator O'Toole is a member of the interim board. I said there were no exclusion clauses and the Tánaiste did not disagree. However, there is an exclusion clause. I do not see why staff should be excluded when they become members of a local authority.

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

Terry Leyden: As the Tánaiste may not be here tomorrow for Report Stage, I thank her for her time and attention and for bringing the Bill before the House. I wish the Bill well. I thank the Cathaoirleach and the Tánaiste in particular for the tremendous personal attention she has paid to this important legislation. It will be important to have it implemented and, if she goes to fresh pastures, it will be...

Seanad: Order of Business. (25 Nov 2003)

Terry Leyden: What did Proinsias De Rossa give to the elderly of Ireland?

Seanad: Order of Business. (25 Nov 2003)

Terry Leyden: The Senator is some socialist.

Seanad: Order of Business. (25 Nov 2003)

Terry Leyden: May I respond to that?

Seanad: Order of Business. (25 Nov 2003)

Terry Leyden: May I respond to Senator Ryan?

Seanad: Order of Business. (25 Nov 2003)

Terry Leyden: I would like to suggest to the Cathaoirleach and to the Leader of the House that Mr. Romano Prodi, the President of the European Commission, be invited to the House next year to mark the Presidency.

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