Seanad debates
Thursday, 20 November 2003
Personal Injuries Assessment Board Bill 2003: Second Stage.
I am concerned at suggestions that claimants will not be able to have a solicitor represent them in dealings with the PIAB. There has even been the nonsensical suggestion that if a person decides to retain a lawyer to advise them, the PIAB will still communicate directly with the individual claimant. This is wrong and cannot be justified on any basis. It is a person's decision to involve a lawyer. An individual, particularly one with poor literacy skills, needs independent advice and assistance in dealing with agencies and State boards. Of course, the insurance industry will be resourced and funded in their dealings with individual claimants before the PIAB. An individual will not have the same ease and comfort and may need the support, advice and assistance of a lawyer. If they make that choice of representation and advice, then the PIAB should respect it and not try to ride roughshod over such a fundamental entitlement. A far more mature approach would be to facilitate representation, and to introduce some fixed cap on the charges that can be paid to lawyers in respect of such assistance provided.
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