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Seanad: Order of Business. (27 Nov 2003)

Paul Coghlan: I fully support what Senator O'Toole said about Rice House. I hope this House might consider renewing its appeal in order that this historic building is saved for the nation. I appeal to the Leader to use her good offices regarding a place dear to her and countless thousands of people, including me, namely, Dinis Cottage. The cottage is at the meeting of waters in the heart of Killarney...

Seanad: Order of Business. (27 Nov 2003)

Paul Coghlan: We had other witnesses.

Seanad: Order of Business. (26 Nov 2003)

Paul Coghlan: Following on Senator Finucane's comments about community employment schemes, there is no doubt about the confusion that exists in the public mind. Unemployment is on the increase and Members are aware of the useful, plentiful and beneficial work that can be carried out by those working on these schemes. The Leader is known as a straight shooter—

Seanad: Order of Business. (26 Nov 2003)

Paul Coghlan: I am asking a question. I would like to hear the Leader's views on this as I think she will give us a straight answer on what is happening, or about to happen, to community employment schemes.

Seanad: Order of Business. (26 Nov 2003)

Paul Coghlan: A further divergence.

Seanad: Address by Mr. Joe McCartin, MEP. (26 Nov 2003)

Paul Coghlan: I welcome Mr. McCartin to the House and I thank him for his most comprehensive, informative and interesting address. As many Members have remarked, it was truly inspirational. I have three questions. Mr. McCartin touched on the enthusiasm for Europe in some areas which we may have thought somewhat misguided, such as the habitat directives. A certain section of Europe has had too much regard...

Seanad: Address by Mr. Joe McCartin, MEP. (26 Nov 2003)

Paul Coghlan: There are serious outstanding questions on human rights and on the role and power of the army. Everyone in business in Turkey and many others in Europe would like to see Turkey join the Union and I would not keep the country out unnecessarily, but it is not ready to join. I met a Turkish businessman in London and he told me that the Turkish business community did not worry about the...

Seanad: Address by Mr. Joe McCartin, MEP. (26 Nov 2003)

Paul Coghlan: As opposed to all political lives ending in failure.

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I move amendment No. 1: In page 10, line 44, after "advice" to insert "and legal representation". I welcome the Minister of State, Deputy Michael Ahern, to the House. I gather the Tánaiste was not prepared to accept my amendment yesterday which was moved by Senator Phelan in my absence. She argued that as the PIAB will not be dealing with legal issues, there will be no need for claimants to...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I accept some of the arguments but there is a fundamental imbalance. Legal advice can be sought, but it is a fundamental tenet of our democracy that a person is entitled to legal representation. We accept the thrust of the Bill, but we must press this issue. Amendment put. Tá

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: All the points made by Senator Henry and the other speakers are fundamental and important. I am sure the Minister wants to provide that protection in law. I fully support the amendment.

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I move amendment No. 3: In page 14, to delete lines 1 to 6. I see the two amendments to sections 16 and 32 as being central to the core of the PIAB. I do not believe it to be equitable that an insurer can compel a claimant to go to the PIAB and then reject the assessment issued by the board in order to take full-blown legal proceedings dealing with both liability and quantum. This is unjust...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I accept the good intentions of the PIAB. All we are trying to achieve here is equity and fair play, which both sides should accept. Senator Hayes was correct when he asked why the process should be allowed to start again. If the respondent rejects the assessment, liability should be fixed with them and they should not be allowed to start again. They will have a whole panoply of advisers...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I move amendment No. 5: In page 21, line 31, after "advice" to insert "and legal representation".

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I move amendment No. 6: In page 23, between lines 11 and 12, to insert the following: "(4) Notwithstanding the provisions of this Act, where the Board arranges for an assessment of a claimant's claim as a consequence of the provisions of section 14(1), and the respondent subsequently refuses to accept the assessment made by the Board under section 30,the effect of an authorisation issued...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I move amendment No. 8: In page 29, line 23, to delete "9" and substitute "6". The effect of this amendment is to reduce the period in which the PIAB must consider a claim from nine months to six months. The reason for this amendment, as outlined yesterday, is to ensure claims are dealt with expeditiously and effectively. While recognising the time limits are shorter than those which...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I accept the Minister of State's statement that the board will try to be expeditious at all times and that it will be its intention to have cases settled within six months rather than nine, which is the period specified in the Bill. In view of the remarks of the distinguished former ombudsman, Senator Maurice Hayes, I withdraw my amendment. Time limits might not be helpful and there is a...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I move amendment No. 9: In page 32, between lines 16 and 17, to insert the following: "(d)1 shall be a person nominated for such appointment by the Law Society of Ireland (or any successor of it)". This amendment provides that a nominee from the Law Society of Ireland should be permitted on the board. I advance it on the basis that while some solicitors and ambulance chasers have contributed...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: I fully accept the goodwill and good intentions of the Minister of State and of those who have spoken against the amendment. I accept what the Minister of State says about the legal advice available to the board. However, if the PIAB is to be given the powers under this legislation to review legal procedures and processes, then the presence of a Law Society member on the board could have been...

Seanad: Personal Injuries Assessment Board Bill 2003: Report and Final Stages. (25 Nov 2003)

Paul Coghlan: Yes. Amendment put and declared lost. Bill received for final consideration. Question proposed: "That the Bill do now pass."

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