Results 9,121-9,140 of 9,753 for speaker:Terry Leyden

Seanad: Order of Business. (24 Nov 2003)

Terry Leyden: —or you, a Chathaoirligh, me or the Leader—

Seanad: Order of Business. (24 Nov 2003)

Terry Leyden: Am I not entitled to raise an issue of importance?

Seanad: Order of Business. (24 Nov 2003)

Terry Leyden: If the Leader treated us like that, we would all be gone. The Leader treats us with great respect and we can disagree with her. However, it seems that nobody can disagree with Geraldine Kennedy. The old lady of D'Olier Street, The Irish Times—

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

Terry Leyden: The amendment is not necessary. The board would be conscious of the requirement of a proper medical report. If it receives reports from outside the State, the question of registration under the Medical Practitioners Act 1978 would not apply. It would be totally restrictive. The amendment is unnecessary and should not be supported.

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

Terry Leyden: I understand that cases which have not been settled can be brought before the PIAB retrospectively. Quite a number of people are interested in this area because some cases which are quite clear cut, where there is no question about liability or where liability has been accepted, could be brought before the PIAB for speedy settlement on both sides. This was brought to my attention by an...

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

Terry Leyden: I do not want to anticipate the Minister's response, but there is nothing in the Bill to obstruct any person appearing before the board from obtaining legal advice. Irrespective of the concerns of the Law Society, most people will seek the advice of a solicitor before going before the PIAB and nothing in this Bill will prevent them from doing that. The one difference is that the PIAB will not...

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

Terry Leyden: I want to tease this out further as it is a crucial point in the Bill. It could be more efficient for a claimant to nominate his or her solicitor to take on the responsibility and deal with the book of quantums and how settlements are moving. Claimants may want someone with such gravitas to advise him or her. A client would know that he or she has to pay for this service. This is reasonable;...

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

Terry Leyden: I have filled in farm tax profiles with constituents. It is difficult work and one can spend hours on it. If my constituent does not get tax clearance based on it, I will then advise him or her to visit a consultant that deals with such matters. However, some constituents may insist that I help them out again as I successfully completed the form previously.

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

Terry Leyden: I am talking about making representations. I attended the court where the judge in question was a solicitor. I told the court that the poor man had simply parked in the wrong place. The judge told me not to be so quick to accept responsibility as he was going to put him down straight away. We settled the case. I do not have any hang up about solicitors being involved; after all, insurance...

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

Terry Leyden: I did not say that. I know it will be a paper-based system. The paper would be prepared by a solicitor, who would be in direct communication with the claimant and the board. I realise there will be no personal appearance by the solicitor or the claimant but the paperwork would be dealt with by a solicitor.

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

Terry Leyden: On a point of clarification, I was not advising any of my clients not to pay tax but pointing out that in cases in which I have advised on farm tax profiles, the people concerned have found they had no obligation to pay tax. I am sure the Tánaiste also fills out these forms. My point is that public representatives will be brought into the loop by constituents asking us to contact the PIAB...

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

Terry Leyden: I do not think it is reasonable to stipulate a time like 14 days. "As soon as practicable" is used in most Bills, and in fairness to the workings of the board it would have to ensure a quick response. This would have the effect of tying the board down. Someone might object if they do not get a reply within 14 days and this could create difficulties. The wording is fair, but from my dealings...

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

Terry Leyden: It is wise to leave the discretion to the board and it would be wrong to tie its hands. The board must be let carry out its responsibilities without being restricted. It is very hard to word or frame the type of restrictions to which the Senator refers. I recommend the section be left as it is and support the Tánaiste on that point. Amendment, by leave, withdrawn.

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

Terry Leyden: This goes back to the question of legal advice. Most people making an application to the PIAB will get legal advice when completing application forms. It is clearly indicated that there will be some cases where people will be advised to get advice. It is self-explanatory.

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

Terry Leyden: The interim board is now in the process of getting tenders for the preparation of a detailed book of quantum from specialists in this field, taking into account the tradition in Ireland and elsewhere regarding compensation for different injuries. We will have to leave it in the hands of the board to come up with the book of quantum, which will be broadly based and will take into account...

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

Terry Leyden: For the board to work the chief executive must have an important role and be a member of the board. It is reasonable that someone of that calibre should be a member of the board. It lessens the chief executive's effectiveness in dealing with the board if he or she is not a full member of it. I compliment our colleague, Senator O'Toole, who is a member of the interim board. I note the Bill...

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

Terry Leyden: I would be surprised if the Bar Council or Law Society wanted to have a representative on the board, given the level of opposition they have mounted to the legislation among Oireachtas Members. Both organisations put a strong case against the board being established. I do not know whether the Senator wants Conor Maguire of the Bar Council to be appointed to the board. In that case, who would...

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

Terry Leyden: The provision states that "the chief executive shall not question or express an opinion on the merits of any policy.". It is not like when one criticises the editor of The Irish Times that one might be sacked. It does not provide that the Minister will sack—

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

Terry Leyden: Excellent. I hope I played a role in that. I thank the Leader for that information.

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

Terry Leyden: I raised it on the Order of Business. He is a fellow Roscommon man, from Castlerea. I am delighted that before Christmas the "Old Lady of D'Olier Street", and I am not referring to the editor, has a heart and is not like Scrooge. This section does not provide that the Government will actually dismiss the chief executive officer.