Results 121-140 of 24,635 for speaker:Mary Harney

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

Mary Harney: This is only part of the jigsaw to solve insurance problems; it is not the full picture. The Minister for Justice, Equality and Law Reform will introduce the Civil Liability and Courts Bill which will include a requirement on claimants to set out the basis for their case. The purpose of establishing the PIAB is to provide a consumer friendly mechanism for delivering compensation. This is not...

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

Mary Harney: When the heads of the Bill were published we did not have such deadlines. These time limits are the duty of the board; they have been written into the legislation. It is the intention of the board to deal with things more quickly, but sometimes it could be unfair to a claimant to deal with a case quickly because the medical evidence could be evolving. It is often six or nine months after an...

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

Mary Harney: Does the Senator want to prevent this from becoming the norm?

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

Mary Harney: There was much legal advice from the Attorney General on these provisions.

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

Mary Harney: As I said, the heads of the Bill that were published did not have these specific timeframes. We have moved in this direction after receiving legal advice from the Attorney General to ensure we do not unnecessarily delay somebody's constitutional right to take a case before the courts. I am advised that in many cases the longer the gap between the accident or injury and the litigation, the...

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

Mary Harney: Is the Senator talking about someone making an application to the PIAB?

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

Mary Harney: If someone has a personal injury they must make an application to the PIAB within 12 months. The Statute of Limitations for personal injury cases is being reduced from three years to one year both in this Bill and in the legislation the Minister for Justice, Equality and Law Reform is introducing. The PIAB has a certain timeframe to make an assessment and the individual can accept or reject...

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

Mary Harney: While I do not know the answer, I presume one's court entitlements are not affected. I will have to take advice on this point. When the PIAB issues its determinations and the claimant accepts it, it is closed. If something unknown were to arise later, I do not think it could be reopened. I will seek legal advice on what court rights claimants will have in such circumstances. I will examine...

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

Mary Harney: Can a case be reopened if a claimant has settled a case but further injuries subsequently arise?

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

Mary Harney: I am sure the same will apply here. I will inform the House of the Attorney General's advice on what one's constitutional rights might be on something that emerges after one agrees to a settlement. While I would imagine this could not be reopened through the courts, I will confirm it. Amendment, by leave, withdrawn. Amendments Nos. 30 and 31 not moved. Section 49 agreed to.

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

Mary Harney: Yes. Question put and agreed to. Sections 51 and 52 agreed to. SECTION 53.

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

Mary Harney: I do not dispute the translation and I am sure it is correct. Obviously, we will have to comply with the Official Languages Act. The board is generally known as the Personal Injuries Assessment Board and that is the way it should be.

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

Mary Harney: I think the answer is "Yes". Amendment, by leave, withdrawn. Section 53 agreed to. SECTION 54. Question proposed: "That section 54 stand part of the Bill."

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

Mary Harney: The book of quantum is a guide, it is not a bible. The impact of an injury on someone's capacity to carry out his professional work would have to be borne in mind. I understand that much information has been made available by the courts service. Tenders will shortly issue for someone to compile the book of quantum and IT systems and so on are being developed for that. The book of quantum will...

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

Mary Harney: Is Senator Bradford asking if I think people get too much? In genuine cases I do not think that is so. When I attended a meeting of the Joint Committee on Enterprise and Small Business a couple of months ago almost every person at the meeting, from all parties, felt we should cap awards. I was surprised, but the view of the joint committee was that awards were excessive.

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

Mary Harney: I agree with Senator Mansergh. It is now the custom and practice in both public and private bodies for the chief executive officer to be part of the board. It is good from the point of view of corporate governance and the smooth running of an organisation that the chief executive officer is given equality of treatment with other board members. A chief executive officer is placed in a...

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

Mary Harney: I remind Senator McDowell that I am also the Minister with responsibility for consumer affairs. The PIAB will serve consumers, insurers, employers and employees, rather than barristers and solicitors. Professor Denis Cusack, a member of the board, is both a barrister and a doctor, while Frances Cooke, another member of the board, is a member of the Law Society who works as a lawyer with the...

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

Mary Harney: I would love to see how the person would be selected. I will not accept the amendment because the board has not been established to have representatives of either branch of the legal profession. The PIAB will have in-house legal expertise and its board will have legal expertise. If Senator Henry was here – I hope I am not misrepresenting her – she could argue that the Irish Medical...

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

Mary Harney: We are dealing with insurance as opposed to legal issues.

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

Mary Harney: We have several people on the board representing the Irish Congress of Trade Unions and employers.