Mary Harney (Dublin Mid West, Progressive Democrats)

As I said, the heads of the Bill that were published did not have these specific timeframes. We have moved in this direction after receiving legal advice from the Attorney General to ensure we do not unnecessarily delay somebody's constitutional right to take a case before the courts. I am advised that in many cases the longer the gap between the accident or injury and the litigation, the more unfavourable it is to the respondent rather than the claimant. One can argue either way about this point.

We must ensure that we have a framework that works and is practical. As the Senator and others have acknowledged, the medical evidence does not always become immediately clear. We are talking about mandating an organisation where the practice will be to deal with cases quickly. The PIAB intends to operate differently from almost any other State organisation. It will operate six days a week and will have much longer hours of work than is the norm to service the needs of those who use it. It will offer information, layperson guides and helplines. If one is a genuine claimant, the board is there to help, not to try to stop one from getting one's entitlements.

Based on the advice I have received, the timeframes are appropriate. It may be unfair on the claimant to assess what he or she is entitled to within the first month or two. Whatever the injury, it may be that one has not recovered as anticipated and the initial prognosis may have been mild or it may be discovered later that the injury is more serious than first realised. For those reasons, the nine month timeframe, extending to 15 months, is appropriate.

I understand the points the Senator raised about the legal profession. Under the current regime it can take forever for one to receive one's entitlements. With the PIAB, claimants will get their money more quickly in the vast number of cases. I envisage only a small number of cases going to the courts. The organisation will not be able to sustain itself if it does not have that level of credibility among claimants.