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)

The Senator is suggesting that the board should just give the assessment. It is important the board gives the basis on which they made the assessment. In fact, that was one of the things asked for most frequently by many of the groups that came to see me in respect of this legislation. A note prepared for me on the basis of legal advice says the PIAB needs to explain the basis of the assessment to all the parties in line with their procedures, including details of what the assessment is comprised of and how it was arrived at. It would be very unreasonable to just get a letter from the PIAB, either from the respondent's perspective or from that of the claimant, saying they are being assessed and they should just get X amount without being given some idea of how that amount was arrived at. I do not see how that could prejudice any court hearing in any way. Why would it? In any event, I would have thought it would be desirable in any potential court hearings that the assessment of the PIAB and the basis on which it reached that assessment was available.

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