Results 46,841-46,860 of 50,917 for speaker:Micheál Martin

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: He asked if it was biased against the claimant but that is nonsense.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Committee and Remaining Stages (5 Jul 2007)

Micheál Martin: It is not. It seeks to provide a very good service. The old litigation service, as Deputy Charles Flanagan should know, being in the legal profession, was appalling. It was an adversarial system that lasted, in some cases, for three years which is an appalling situation for people with personal injuries. The PIAB is an effective instrument for which the Oireachtas, on all sides of both...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: I thank Deputies for their contributions, in particular newly elected Deputies such as Deputies Creighton, Michael McGrath and Kennedy, whom I congratulate on their election. I wish to make several general points before addressing the specific issues raised by Deputies. I am somewhat taken aback by the strong anti-PIAB sentiment expressed by the Opposition and in particular by Fine Gael...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: Of course the Government does not have that agenda. Our agenda is completely the opposite because we want to protect the common good, the ordinary citizen and, ultimately, the taxpayer, as well as make our economy and society more competitive, effective and efficient. That is what we are trying to achieve. I find the Fine Gael position quite extraordinary. It is clear we are in a...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: I genuinely mean that and——

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: I am struck by the fact that Deputy Hogan was on the Oireachtas committee that recommended the legislation I am implementing. The committee unanimously recommended this legislation to the Government, the same committee of which Deputy Hogan was a member.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: The Deputy obviously supported it then but now he has come into the House and done a spectacular U-turn, attacked the PIAB and opposed the legislation. That is, in essence, what has happened here.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: I have pointed out this fact on a number of occasions in this House and in the Seanad. There has always been strong lobbying against the Personal Injuries Assessment Board by the legal profession — let us be very clear about that, and I understand it. I have no axe to grind with the legal profession but its opposition to the PIAB has been relentless and will continue to be so. The legal...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: Of course we must do it within the terms of the Constitution. I accept, by the way, the measured approach taken by Deputy Quinn. I accept that his presentation this morning is consistent with his earlier positions, in terms of enterprise, and I understand his legitimate concerns about the constitutional framework. The Deputy made a measured contribution and I will deal with the issues he...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: Second, a further amount in legal costs, adding another 46% on top of the compensation itself, where the majority of the cases do not proceed into a court and no additional amount in compensation is achieved on behalf of the injured party. That is the net point here. What is available to the citizen? In short, the Personal Injuries Assessment Board, as Senator O'Toole pointed out, is open...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: The Opposition Deputies went over the top in their criticisms of the Bill and its rationale.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: Deputy Charles Flanagan and Deputy Creighton went over the top. The latter Deputy compared me to a Soviet Union politburo member.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: Such hyperbole and exaggeration has not been witnessed in the House for quite some time. With respect to Deputy Hogan, I suggest his party colleague was a little over the top in terms of her description of my good self. With regard to the other members of the board of the PIAB, one represents the insurance federation, as Deputy Penrose pointed out. Another is the chief executive of the...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: I will give Members one example——

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: I listened to the Deputy earlier and I ask him to allow me to finish my contribution.

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: I wish to give Members details of a case which illustrates my point. We must balance the points raised with the real situations which arise in practice, such as in a particular case that has already been processed. In one leading case, the Personal Injuries Assessment Board made an assessment of €9,200, which was rejected by a claimant. Immediately after rejecting the assessment,...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: That is the kind of situation which made insurance costs prohibitive in this country. We do not want to go back on the progress that has been made to date. That is what this amending Bill now rectifies. It will not affect the claimant who has a genuine reason for getting more from the court than was assessed by the PIAB. Deputy Quinn raised the issue of the potential impact of not moving...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: If we do not close off the loophole——

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: Deputies raised various points and I am endeavouring to deal with them all. Deputy Quinn raised the issue of impact and the figure of €75 million is based on a scenario where all the awards are rejected and cases proceeded with through the route identified. There is a conservative estimate that an additional cost of 39% of the award, plus up to €1,500 per case could arise. That is...

Personal Injuries Assessment Board (Amendment) Bill 2007 [Seanad]: Second Stage (5 Jul 2007)

Micheál Martin: The Deputy did not wait for the end of my sentence. I ask him to wait. I decided not to rush it through on that occasion.