Results 24,561-24,580 of 24,635 for speaker:Mary Harney
- 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 Amendment, by leave, withdrawn.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.
- 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.