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Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Mary Henry: I second the amendment.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Mary Henry: I second the amendment.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Mary Henry: I second this important amendment. People involved in work in this area must build up knowledge as to what types of families are most at risk. In the absence of data it will be extremely difficult for them to do this without relying on anecdotal evidence.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Mary Henry: I second the amendment and the comments of Senator O'Meara to the effect that we like to have amendments discussed here. They will be a fait accompli when they come back to us. The Minister can see what a reasonable body of people he has here with which to discuss these amendments. We have made good progress with this Bill.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Mary Henry: I second the amendment. I am quite sure the Minister is as concerned as we are to ensure there should be nothing voyeuristic about attendance at family law cases. It is the concern of all of us to allow a body of jurisprudence on family law to be built up to give judges, barristers and solicitors an idea of what each is doing. We must also ensure the public realises how serious some of these...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Mary Henry: I thank Senator O'Meara for moving my amendment. I was helping Deputy Batt O'Keeffe launch a report on alcohol misuse by young people, a subject which is dear to the Minister's heart. I gather the Minister has considered my amendment favourably and I hope he will accept it on Report Stage.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Mary Henry: This is an excellent amendment. There are notorious cases where years passed before a judgment was given. The public find this terribly hard to understand. However, we cannot put too many stipulations in the legislation. What the Minister has proposed is probably about right without us being accused of interfering with the mind processes of the Judiciary. Therefore I support the amendment.

Seanad: Order of Business. (15 Jun 2004)

Mary Henry: I, too, share Senator O'Toole concerns regarding the committee given that the person involved is apparently suffering serious mental illness. Will the Leader request the Minster for Justice, Equality and Law Reform to come to the House to discuss how he is dealing with the health problems of those in prison given that prison doctors have been on strike for some time now? Many people in our...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: I, too, thank the Minister for his thoughtful response. I have a question about one group of cases about which I am not clear and, again, they relate to the medical negligence sphere. As the Minister will be aware, the Medical Defence Union and the Minister for Health and Children are in dispute regarding historic obstetric claims. What is the position regarding claims for cases of obstetric...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: We had a good discussion on the amendments to the section. I signalled this opposition to the section, which was intended to go for the jugular, shortly after Second Stage before I received any representations on the issue. Cheshire Ireland requested that the period of limitation should be two years rather than one and I am sure the Minister would agree that the organisation is not a vested...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: I agree this is eminently sensible. There are various degrees of severity of a broken ankle but the person's occupation should also be taken into consideration. For example, if I lost the tip of my little finger it would be very sore and upsetting for me but it would not be the same as for a concert pianist. I have compared awards given by the courts here to those given in the United Kingdom....

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: That seems like a very good idea. Anecdotal evidence has it that some people are terribly accident prone. Is it right that all courts will report into this register? It will not be the case that accidents in Cork will simply be registered on the Cork courts register and there will also be one for Dublin and elsewhere? Will it be the same register for the whole country?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: If Mary Henry is constantly falling down potholes, will these cases appear one after the other or would people have to keep searching for my name every six months or so?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: I move amendment No. 39: In page 22, between lines 16 and 17, to insert the following subsection: "(2) Access to proceedings to which the relevant enactments relate shall be permitted to bona fide academic researchers, subject to such terms and conditions relating to access as may be prescribed in regulations made by the Minister: provided that nothing published by such researchers shall...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: I am concerned that people do not believe that resources are involved in this area. I hope the Bill will include a provision to the effect that adequate resources will be given to the Courts Service to bring forward such evidence that is considered useful. The Courts Service must be provided with whatever funds are required.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: Regarding amendment No. 40, the national network of women's refuges and support services put it to me that the following type of information needs to be gathered: the age, gender, nationality, ethnicity and family status of all applicants; the age and number of children involved; the number and nature of applications made and whether previous applications exist; whether domestic violence is...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Mary Henry: I move amendment No. 41: In page 22, between lines 25 and 26, to insert the following subsection: "(3) Persons reporting proceedings to which the relevant enactments relate shall be accredited by the Courts Service and the Minister may make regulations relating to the terms of accreditation of such persons, their access to such proceedings and their terms of reference.". The subject of...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Mary Henry: I am opposed to the entire section. However, perhaps the Minister will accept Senator Terry's amendments and I can withdraw that opposition. He has support from everyone in the House in terms of trying to deal with the fact that people put forward exaggerated, whatever about fraudulent, claims. In my profession as a doctor I have said to people, "I am not a lawyer and I hope you will not be...

Seanad: Order of Business. (3 Jun 2004)

Mary Henry: The Irish EU Commissioner, Mr. David Byrne, has made splendid efforts to improve food safety in the European Union. Will the Leader ask the Minister for Agriculture and Food to come before the Seanad to outline how we are implementing his suggestions and the progress we have made in the area of food safety?

Seanad: Health (Amendment) Bill 2004: Report and Final Stages. (2 Jun 2004)

Mary Henry: My one concern, which is shared by the Irish Medical Organisation, is that on the health boards at present the medical profession is well represented and doctors have an ethical duty to act as advocates for their patients. We would hope when the new structures are put in place that the Minister will ensure an adequate representation from the medical profession. As advocates for our patients...

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