Results 101-120 of 24,635 for speaker:Mary Harney

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

Mary Harney: If it appears to the board during the process that a claimant or respondent is not fully aware of the legal consequences of any action or inaction by him or her under the Act, it shall be the duty of the board to do one or more of the following: To advise the claimant or the respondent, as appropriate, of the desirability of taking legal advice regarding the process; to advise the claimant or...

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

Mary Harney: This deals with the duty of care to vulnerable people and the Senator is satisfied with that. It puts an onus on the board. The board will operate an information help line and if the claimant makes an inadequate claim, there will be a requirement on the board to get all the information. This will operate as an inquisitorial regime where the assessor will have to find out the nature of the...

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

Mary Harney: If the information is incomplete they will have to go back to the individual and put the information together.

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

Mary Harney: Yes, I do, and obviously I foresee informing the person of the desirability of seeking legal advice.

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

Mary Harney: If one takes the example of employer liability insurance, the first cases to be dealt with will be the ones affecting employees. Many of them will be members of trade unions and I have no doubt there will be advice available to them from many quarters. I do not envisage them acting as solo players. Where there are deficiencies and the assessor is not in a position to stand over it and make a...

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

Mary Harney: The Senator is suggesting that the board should just give the assessment. It is important the board gives the basis on which they made the assessment. In fact, that was one of the things asked for most frequently by many of the groups that came to see me in respect of this legislation. A note prepared for me on the basis of legal advice says the PIAB needs to explain the basis of the...

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

Mary Harney: We have consulted the Parliamentary Counsel in relation to the amendment and he has advised that it is already covered. I will have him look at it again in respect of the point the Senator is making.

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

Mary Harney: Does the Senator mean in respect of that case or other cases?

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

Mary Harney: The advice I have been given is that we cannot trespass on the jurisdiction of the courts, which is what the Senator's amendment would do.

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

Mary Harney: I know what the Senator is saying, but it is different to my advice. Perhaps it is something I will refer to the parliamentary draftsperson if that is in order.

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

Mary Harney: The advice we have been given from the Attorney General's office is that this wording was inserted at their request. The advice says it deals with the award of interest where payment of the award is not made or is delayed. The treatment of an order to pay must be consistent with that of a court order, in other words, they are arguing that this has been put in to make it consistent with a...

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

Mary Harney: I will clarify that point. Amendment, by leave, withdrawn. Section 40 agreed to. Sections 41 to 43, inclusive, agreed to. SECTION 44.

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

Mary Harney: It is envisaged that medical expenses would be repayable. In the case of a minor, where the court will have to determine whether the award is satisfactory, legal expenses will be paid by the respondent. As regards the claimant, we are talking about medical expenses. That may sometimes involve people travelling outside the country for medical assistance or advice. We are talking about expenses...

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

Mary Harney: Does the Senator mean legal advice?

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

Mary Harney: No.

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

Mary Harney: The Senator knows that if we cover legal expenses, a lawyer will be involved in every case.

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

Mary Harney: Before I am accused of suggesting lawyers are not decent, they are decent. That is not what we are talking about here. It would be reasonable to cover medical expenses. There may be other expenses as well.

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

Mary Harney: Certain categories are covered. Legal expenses in the case of minors, for example, are covered by the respondent.

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

Mary Harney: I would. This is about being friendly to the consumer, not about trying to stop people getting that to which they are entitled.

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

Mary Harney: We will agree to disagree. Sometimes the medical advice in these cases is more important than the legal advice.