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Written Answers — Protection of Copyright: Protection of Copyright (5 Jul 2007)

Micheál Martin: I propose to take Questions Nos. 134 and 135 together. The Copyright and Related Rights Act 2000 (No. 28 of 2000) provides protection to musical publishers and recording artists in respect of their productions and recordings. The levels of protection provided are fully in line with EU and wider international law in the area of copyright and related rights and are widely regarded in...

Written Answers — Scale Verification: Scale Verification (5 Jul 2007)

Micheál Martin: Weighing equipment used for trade is subject to control by the Legal Metrology Service (LMS) in accordance with the Metrology Acts 1980 to 1998. The regime of control includes approval of new designs of weighing equipment, verification of instruments of an approved design upon installation and following repair or recalibration, and inspection over the life of the instruments. The maintenance...

Written Answers — Decentralisation Programme: Decentralisation Programme (5 Jul 2007)

Micheál Martin: My Department has been making good progress in the relocation of the required 250 posts to Carlow under the Government's Decentralisation Programme. Officials of my Department, in consultation with the Department of Finance and the OPW, as well as decentralising staff and Business Units, are finalising arrangements for an advance move to Carlow ahead of the substantive move scheduled for...

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

Micheál Martin: It is something that has worked and has been effective. I am not saying it is perfect or that we cannot have a continual review, but we should keep a balance and perspective in our commentary. It is not about the strong arm. The new practice that is emerging is neither valid nor sustainable. Something that should cost €50 is costing €1,500; that is not a runner.

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

Micheál Martin: It is simple and straightforward and people outside the House will understand it readily.

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

Micheál Martin: Deputy Hogan's last point does not arise in the context of the case in the Supreme Court.

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

Micheál Martin: I cannot comment on the case while it is before the court.

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

Micheál Martin: You were a very hard-working and valued member of that committee as well, a Leas-Cheann Comhairle. The insurance industry is making a lot of profits but, with respect, that is a separate issue to the one before the House. Nonetheless, it is an issue that must be addressed by having more competition in the marketplace. We are anxious to attract more competition. It is not valid, however, to...

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

Micheál Martin: Hopefully, the profitability of the sector in the modern economy will, in itself, act as an incentive for greater competition with more players coming into the field.

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

Micheál Martin: I invite Deputy Hogan to read the record of the contributions made in this debate. The points made were not just legal points. A clear sentiment emerged that was negative towards the Personal Injuries Assessment Board and suggested the board had very little or no impact, just as Deputy Hogan has done——

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

Micheál Martin: It was suggested what happened on 11 September 2001 was responsible for increasing costs and that there were other factors.

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

Micheál Martin: I accept that Quinn Direct is very competitive. Let us accept that the legislation to establish the PIAB, which was an Oireachtas initiative, was very successful——

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

Micheál Martin: ——and has had a positive impact on the people of no property and no means. It is far better than the old adversarial litigation system. Let us not be qualifying and qualifying or saying: "On the one hand but also on the other..."

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

Micheál Martin: There is a classic "Tadhg an dá thaobh" aspect emerging in this debate. Processing costs under the PIAB are on a fixed basis and are 70% cheaper than under the old litigation system. The PIAB promotes the early settlement of claims. It is open six days a week from 8 a.m. to 8 p.m. By facilitating contact and the exchange of papers between the parties, it is estimated that 40% of claims...

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

Micheál Martin: I will come to that shortly. The estimated number of personal injury cases in the Circuit Court has fallen from 20,000 in 2004 to 5,000 in 2006. Monthly insurance cost indices produced by the Central Statistics Office show that the cost of consumers' motor insurance is now at May 1997 levels, a matter I dealt with in my closing speech on Second Stage. Deputy Lynch referred to the numbers...

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

Micheál Martin: It has.

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

Micheál Martin: In addition to the full costs claimants are receiving for the litigation, they are receiving a further €1,500 for the cost of making the application to the PIAB, which the PIAB would do for €50, as Senator O'Toole articulated so eloquently in the Seanad.

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

Micheál Martin: In one case, McGarrity v. Dublin Port, an assessment of €9,200 was declined by a claimant but was subsequently accepted after the issue of proceedings, before it went to court. The claimants' costs were taxed at €6,120, which included a professional fee of €3,250.

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

Micheál Martin: No, I will outline another case.

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

Micheál Martin: In the second case, an assessment of €6,678 was declined by a claimant and was subsequently accepted after the issue proceedings. The claimant's costs were taxed at €3,474.80, which included a professional fee of €1,300. Costs incurred in regard to PIAB work were not allowed as only the costs of proceedings were awarded. The assessment process was declined by the respondent in...

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