Results 24,541-24,560 of 24,635 for speaker:Mary Harney

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

Mary Harney: It could include assault which does not involve sexual abuse.

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

Mary Harney: A small fee will be imposed on the claimant which will be returned in the event of a successful claim.

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

Mary Harney: I presume it will. It will be done by way of regulation or secondary legislation. That has not been discussed but the fee will be low. It would be wrong if there was no fee at all but, essentially, it will be paid for by the respondents.

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

Mary Harney: The respondents will have to pay the cost of running the organisation, the cost of assessing the cases.

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

Mary Harney: It will be substantially less than going to court. We are talking about 27,000 cases costing around €7 million or €8 million per year. I do not know the current costs but they are substantially higher than that.

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

Mary Harney: It will be related to the level of work, a simple factor that can be assessed quickly. The same fee would not be imposed on a straightforward case as on one that requires more work or consultation with more expertise.

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

Mary Harney: It will be related to the volume of work the board has to do.

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

Mary Harney: It will be related to the volume of work and the cost to the board. This will be self-financing, we will not make a profit on the operation of the PIAB. The small fees paid by claimants will be returned when they are successful and the only fees that will be held will be those where the claimant does not get an award. The insurance companies will pay the €8 million. I must discuss the...

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

Mary Harney: I will get advice on this matter. I agree with the principle except for those people outside the State. I will return on Report Stage with a positive amendment. Amendment, by leave, withdrawn. Amendments Nos. 17 and 18 not moved. Section 24 agreed to. Sections 25 to 28, inclusive, agreed to. SECTION 29. Amendment No. 19 not moved.

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...