Results 4,161-4,180 of 4,717 for speaker:Martin Mansergh

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Martin Mansergh: Senator Henry has made a very strong prima facie case, if not for the precise wording of her amendment then for the spirit of it. I urge the Minister to consider it.

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Martin Mansergh: As always, the case was put very eloquently by Senator O'Toole. It is clear from reading the Bill and from yesterday's debate that this is a wrecking amendment. There are only very exceptional circumstances in which people will accept liability. This enables people to explore without prejudice the consequences and then have the right to reject. Perhaps in many cases liability could be...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Martin Mansergh: I do not see any particular necessity for this provision. There is a danger in this House, and in the profession to which we all belong, that we pussyfoot around issues and make sure that we do not tread on any toes and so on. I was subject to the most intense lobbying by way of letters and other communications, seeking my views on this Bill in order that their authors could inform my...

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

Martin Mansergh: This issue has been the subject of representations received by many Members and I am seeking clarity on it. Is there any real imbalance between the claimant and the company? This legislation seems to treat the claimant and the company as the principals. However, in court cases, the de facto principals are often the legal teams on either side. As I understand it, the principle behind this Bill...

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

Martin Mansergh: Lawyers may not always be of benefit and may be an encumbrance. There are many cases of claims of various kinds in which the legal fees take up a considerable percentage of the award. I concur with the Tánaiste's point that we need to cut down on this and disagree with the notion that the client is not equipped to manage this process or will be at a disadvantage without a solicitor. The...

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

Martin Mansergh: If I understand the legislation correctly, the amendment is not relevant. If the board is deciding according to a quantum book of damages, which is related to the medical evidence, attempts between solicitors to settle on a sum are not relevant. The board is conducting an objective exercise. I do not see how legal correspondence could influence the board if it is simply applying a book of quantum.

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

Martin Mansergh: Concerns have been expressed by the legal profession that in principle these proposals are totally open-ended as to the speed with which cases are dealt with. I accept that in practice the board will deal with matters speedily, but will the Tánaiste say what obligations exist other than "as soon as practicable"? Is she satisfied that is sufficient obligation to ensure expeditious dealing...

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

Martin Mansergh: I wanted to seek clarification. The Tánaiste, in her original reply, referred to 15 months. How is that made up?

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

Martin Mansergh: Is it 15 months from the claim being made to a decision being given?

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

Martin Mansergh: Having listened to the Tánaiste's reply to a previous amendment, it is clear that this amendment would in effect emasculate the process. Explicit admission of liability obviously forecloses options. If an issue is not contested, one could argue that that is a de facto admission of liability, but effectively this is allowing people to play out a scenario on the assumption that for example,...

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

Martin Mansergh: Many concerns were expressed to me by those in Senator McDowell's profession about the time limits for making a claim, the point being that in certain instances people hope an injury will get better but it does not – or it gets worse – and sometimes assessing the scope of an injury within a relatively short period is difficult. Further, in other types of legal suits, companies have much...

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

Martin Mansergh: Some injuries may not become fully apparent for two or three years after the accident. In such circumstances, will people have the freedom to bypass the PIAB and have recourse to the courts? This may only relate to a minority of cases.

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

Martin Mansergh: If someone's injury does not become apparent for two or three years and it is attributed to the accident, will this person have to take the court route because the PIAB time limits have been exceeded?

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

Martin Mansergh: Can this be done via the courts?

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

Martin Mansergh: In most public companies and charitable organisations the chief executive, while subject to the board, is also a voting member. The chief executive has, presumably, by far the greatest knowledge of any person on the board and should have a right to participate in decision making and in the instructions the chief executive is given to carry out. I do not agree with the amendment.

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

Martin Mansergh: I, too, am pleased with the news we have just heard. A clause such as this is a rather blunt instrument. One does not want a chief executive opposing or undermining Government policy in a systematic fashion. On the other hand, there should be a degree of freedom, given the development of an ethos of constructive contribution to the development and evolution of policy in various areas. It may...

Seanad: Order of Business. (20 Nov 2003)

Martin Mansergh: I support the call of Senator Terry and others to review and improve the working conditions of secretaries of Members of this House. Like other Senators, I deplore cheap shots and one should not seek election to the Parliament unless one has a belief in what one is doing. The pity is that the media is not terribly interested in much of our work, but that should not deter any of us from doing...

Seanad: Personal Injuries Assessment Board Bill 2003: Second Stage. (20 Nov 2003)

Martin Mansergh: I want to make a brief contribution to this debate, mainly for the purpose of putting this matter in context. The Bill and the broader strategy of which it is a part is of huge strategic importance. Insurance costs affect virtually every sector of the economy and I am sure many other Members will know of small firms of various kinds, including builders, hotels etc, who have decided to close...

Seanad: Order of Business. (19 Nov 2003)

Martin Mansergh: I, too, would welcome a broad debate on the Estimates. Absurd and misleading arguments have been made in recent months on the subject of benchmarking, which amounts to only €305 million. I have not done the calculation, but that is a very small percentage.

Seanad: Order of Business. (19 Nov 2003)

Martin Mansergh: In any public service it is the people who matter more than anything else. (Interruptions).