Seanad debates

Monday, 24 November 2003

Personal Injuries Assessment Board Bill 2003: Committee Stage.

 

1:45 pm

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)

This deals with the duty of care to vulnerable people and the Senator is satisfied with that. It puts an onus on the board. The board will operate an information help line and if the claimant makes an inadequate claim, there will be a requirement on the board to get all the information. This will operate as an inquisitorial regime where the assessor will have to find out the nature of the injuries, what exactly happened, the extent of injuries and if they need to be assessed by the medical referees. I do not know how many cases will see all evidence of injury being referred to the medical referees, that is a matter for the assessor, but if the board does not do things fairly and appropriately, and does not establish credibility, it will always be open to legal challenges. I do not think the Senator needs to worry about the board's or the organisation's determination to get it right and to make sure that where there are deficiencies they are put right, leaving no gaps in the information the assessor needs before he or she makes a determination.

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