Results 1,081-1,100 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: Was there a specific intention to exclude sexual abuse cases from the ambit of the board? There is a cogent case to be made for excluding it, but I wonder was that intended.

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

Derek McDowell: I do not think we will get much further on this issue. It would be worthwhile to have a more explicit statement on the record as to whether cases of sexual abuse will be excluded from the board. They should be excluded.

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

Derek McDowell: Yes, but that brings us back to the issue we discussed earlier. A person could seek an assessment of damages and then contest liability or could seek an assessment and then, where not acceptable, take an alternative route.

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

Derek McDowell: We are at one on this point. I understood, when I read the particular subsection, that it was probably intended to deal with sexual abuse. If that is the case, it should explicitly say so.

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

Derek McDowell: Yes. Amendment, by leave, withdrawn. Amendment No. 15 not moved. Section 17 agreed to. Sections 18 to 21, inclusive, agreed to. SECTION 22. Question proposed: "That section 22 stand part of the Bill."

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

Derek McDowell: Will the Tánaiste give us more detail about the intended regime? This is the section which allows for charges to be imposed. Would she see it as routine that a charge would be imposed on both sides, claimant and respondent? If so, would it be a flat fee or would it be related to the nature of any assessment?

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

Derek McDowell: Will it be a flat fee?

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

Derek McDowell: What level of fee will be imposed on the respondent? Would it be comparable to court fees?

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

Derek McDowell: Would that be comparable to the amount they would have to pay if the case was heard in court or will it be less?

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

Derek McDowell: Is it the intention to relate the cost to the level of the assessment?

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

Derek McDowell: Would a different fee be imposed on an assessment which led to an award of €20,000 than on one of €40,000? Will it be related directly to the amount?

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

Derek McDowell: So there will be a discretionary element, not a flat fee?

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

Derek McDowell: I move amendment No. 16: In page 19, subsection (2), line 13, after "more" to insert "registered". This is the point made by Senator Henry earlier. The amendments would insert the word "registered" before "medical practitioner". We discussed the issue at length earlier.

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

Derek McDowell: I would like to hear any speaking note the Tánaiste has on the specific duty of care the board has towards vulnerable people. It appears to provide for legal advice in certain cases and I would like to hear the circumstances and how such advice will be delivered.

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

Derek McDowell: The Tánaiste's comments are interesting because the section deals with vulnerable people but people who are not obviously vulnerable might make a mistake during the process. Even the relatively simple business of filling out forms can become confused and people might not realise if they get two medical reports that the second one has to be passed on because they do not appreciate its...

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

Derek McDowell: While the note in the margin of the section refers to "vulnerable parties", the section itself does not specify "vulnerable persons" at all, unless I have missed it. It simply refers to a situation where the board considers it to be a reasonable inference from the manner in which a case is being pursued that it is not being done properly, which could apply to not just vulnerable parties, even...

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

Derek McDowell: It does not actually say "incomplete". It is possible that it would be incomplete. It is possible that somebody may have an initial medical report but does not go back for a subsequent report and should do so. If they were receiving advice from anybody, they would be advised to go back and get a second medical report. They may go to a doctor three or four weeks after an accident. They may get...

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

Derek McDowell: Thank you.

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

Derek McDowell: All I wanted to establish was that the Tánaiste and Minister for Enterprise, Trade and Employment envisaged that there would be an intervention in a number of cases to inform people that they should get advice of whatever kind. I am glad that is on the record. Question put and agreed to. SECTION 30.

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

Derek McDowell: I move amendment No. 20: In page 22, between lines 6 and 7, to insert the following new subsection: "(2) A notice under this section shall not contain any particulars relating to the Board's opinion of the claim other than the amount of the assessment and in particular shall not disclose any information obtained by the Board pursuant to sections 26 to 28.". This deals with the notice the...