Joanna Tuffy (Labour)

Senator McDowell has already raised many of the issues I wished to raise and I support his comments.

I am a solicitor and a member of the Law Society, but I have never practised in the area of personal injuries. There is an element in the conclusions drawn from the reports that focuses on legal costs, particularly at the expense of the other costs involved in insurance claims. The right to legal representation for individuals is an important right that must be emphasised. A political correctness now abounds that it is acceptable to knock the legal profession in the same way as politicians. However, solicitors and barristers are only making a living for themselves. They are business people, the same as those involved in other businesses and the insurance industry. It is right they should be monitored and that issues of competition should be dealt with by the Legislature. However, we must recognise that the legal profession provides an important service. It is important that plaintiffs in this process are entitled to legal services to ensure a fair hearing, their cases are put properly and their legal rights are protected. I hope the Government will re-examine providing for the right to legal representation for the plaintiff in the Bill.

The insurance and the business side have much expertise available in-house. All the calculations in terms of costs will also be available. However, the average person does not have such facilities and can be intimidated by the legal system. We do not want this to happen when dealing with this new board. Subsequent to the defendant admitting liability to the board, if a case then proceeds to court, that liability should be accepted. Any further determinations should be on the basis of the assessment of damages that should be provided.