Results 47,021-47,040 of 51,089 for speaker:Micheál Martin

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.

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

Micheál Martin: However, I put it before a very senior legal figure, namely, the former Attorney General, who gave it a clean bill of health from a constitutional perspective.

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

Micheál Martin: I also presented it to the new Attorney General who, I respectfully suggest to the House, is regarded as a very eminent expert on constitutional and other legal matters. The Bill also came through that Attorney General's scrutiny with regard to its constitutionality. Having received and been fortified by that advice, I now bring the legislation before the House. Perhaps this is something...

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

Micheál Martin: The Deputy should hold on. I am prepared to take it on board and accept that there may be a need for greater dialogue with the proposed committee and with Members. That is something we may have to pursue further. People may say that the PIAB has nothing to do with anything and is not responsible for the fact that motor insurance premiums are now down to 1997 levels. That is spectacular...

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

Micheál Martin: I accept there are other factors and I note that Senator Cassidy is in the Gallery. Deputy Lynch made that point.

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

Micheál Martin: Yes.

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

Micheál Martin: Before taking that point, I want to acknowledge the presence of Senator Cassidy in the Gallery. Deputy Lynch already referred to the work of his committee in driving the insurance agenda and keeping on top of it. Deputy Hogan was a member of that committee, which recommended part of the course of action we are now taking. Profitability has increased in the insurance industry.

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

Micheál Martin: I move: "That the Bill be now read a Second Time." The issue before us, which requires the Personal Injuries Assessment Board Act 2003 to be amended, centres on the activity following the PIAB making a formal award. While PIAB awards mirror court awards, as both have regard to a book of quantum to determine the appropriate award to be given, some claimants choose to reject the award and...

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

Micheál Martin: That is not true.