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Protection of Employees (Collective Redundancies) Bill 2017: Second Stage [Private Members] (29 Jun 2017)

Clare Daly: This is very good legislation. There is something incredibly sad about the fact it has become necessary as a result of the many cases that have arisen regularly, where workers have been victims of tactical insolvencies throughout the State. We should call them victims because they are victims. The most famous case has been Clerys. The conduct of that employer shocked everybody. Even...

Topical Issue Debate: Military Aircraft (29 Jun 2017)

Clare Daly: I mean no disrespect to the Minister of State in saying his reply has an incredibly familiar ring to it, probably because I have heard it many times before. He will be aware that in a High Court case in 2003, Mr. Justice Kearns ruled that a neutral state may not permit the movement of large numbers of troops or munitions of one belligerent state through its territory en route to a theatre of...

Topical Issue Debate: Military Aircraft (29 Jun 2017)

Clare Daly: It is somewhat poignant that we are having this discussion on the day the Italian Government announced it cannot take any more migrants. In the region of 10,000 people have already made the journey to Italy, many of them fleeing war in the Middle East. Ireland is a country that claims to be neutral and we cannot shake our heads and say it is nothing to do with us when we continue to allow...

Financial Emergency Measures in the Public Interest: Statements (29 Jun 2017)

Clare Daly: I apologise for missing the opening statement of the Minister but I was at a meeting of the justice committee all afternoon, which has just finished. It is a bit of an affront to call this emergency legislation and it is an insult to people. There are real emergencies in Irish society such as the mental health crisis, the housing crisis, the bed crisis in our hospitals and many others for...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 1:In page 8, line 39, after “Office” to insert “and, when it is created, the index prepared and published under section 51L(2)”. As I was saying informally, this is incredibly important legislation. I am relieved we will not take Report Stage in advance of the recess because, in some ways, it is a little unusual that the pre-legislative...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I do not accept what the Minister of State says. What we are talking about is exactly what the judicial working group recommended. It pointed out that the harmonised index of consumer prices as published by the CSO does not make any special provision for an index of care costs, which is the essential component in dividing any such periodic payments. The most costly elements, which must be...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: A great deal of work has gone into this matter, including by the judicial group on medical negligence and by legal practitioners, some of whom are with us in the Gallery, have been at the coalface of many cases in which injury payments have been made and desire to see us putting in place legislation that is robust and caters for people's needs. The Minister of State claims that he does not...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I remind the Minister of State that "not less than 5 years" means more than five years, which was my point. If we were dealing with the recommendations of the judicial working group to bring in the new system, we would not be here. Let us move on now. We have made our point.

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 3:In page 10, line 19, after "Office" to insert "and, when it is created, the index prepared and published under section 51L(2)".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 4:In page 10, line 38, after "Office" to insert “and, when it is created, the index prepared and published under section 51L(2)".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 5:In page 11, between lines 6 and 7, to insert the following:"(2) The Minister shall, within 12 months of the enactment of this Part, take such steps as are necessary to prepare and publish, or cause to be prepared and published, an index that tracks, at quarterly intervals, the following:(a) earnings in the nursing and care sectors, and such other sectors as appear to...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 6:In page 11, line 8, to delete "index" and substitute "indices".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 7:In page 11, line 9, to delete "subsection (1)" and substitute "subsections (1) and (2)".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 9:In page 11, line 14, to delete "index" and substitute "indices".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 10:In page 11, line 15, to delete "subsection (1)" and substitute "subsections (1) and (2)".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 11:In page 11, line 37, to delete "index" and substitute "indices".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 12:In page 11, line 37, to delete "subsection (4)" and substitute "subsections (3) and (4)".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 13:In page 21, line 26, to delete "the health services provider has" and substitute "there are". The group of amendments to section 8 aim to take the power to judge whether a patient was placed at risk or could have been injured out of the hands of the health service provider alone. It would not be out of its hands exclusively but alone. It is important to say that in...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I agree that patient safety incidents are not just where actual harm has occurred but include where it could have occurred but for a timely intervention. Our amendments do not change that. We are providing that these incidents will be covered by the open disclosure policy. None of that changes if these amendments are accepted. It is necessary to have reasonable grounds. Obviously if...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I do not want to go around in circles. We will press the amendments given the low starting point. I fully accept what the Minister of State says that in many cases only the service provider will know and patients will not even know that there was a near miss. That goes without saying. I am talking about the small minority of cases where the patient knows or someone in their family...

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