Joanna Tuffy (Labour)

The Senator said it does not involve legal arguments when it comes before the board. Everything is legal just as everything has a legal dimension. This is supposedly an administrative procedure and there is administrative law. We are removing an area from the determination of the courts and putting it into the hands of the board. Of course it is a legal matter but it may be dealt with in a different way. I support the setting up of the board, which will be valuable. I do not agree that there will be no legal arguments. The Bill acknowledges that a person has a right to legal advice. Why would it do that if there are no legal matters with which it must deal? Determination of liability is not the only legal issue here because courts deal also with compensation.

Like Senator Leyden I hope the Minster and her Department look at putting amendments to the effect of this proposal, and yesterday's Labour Party proposal, when the Bill goes to the Dáil. Although it had some problems with the board the Law Society proposed amendments, and tried to be constructive in supporting amendments some of which I hope will be acknowledged. The Bar Council took a different view. The media has discussed this because there is an issue at stake. The individual going to the board is at a disadvantage in comparison to the other side but people have a right to a fair hearing. As Senator Leyden said, a case will be made and the claimant has a right to it being made as well as possible. The insurance companies and the employers have more access to expertise, legal advice and so on, and to drafting skill which the individual often lacks. That is important and we as Senators have a right to stand up for the individual.