Michael Ahern (Cork East, Fianna Fail)

The purpose of this amendment is to state that nothing in the Act is to be read as affecting the right of any person to seek "legal advice and legal representation" in respect of a claim. The amendment seeks to add "legal representation" and we reject that because the PIAB would then be required to communicate directly with solicitors. The board will always communicate with the claimant so he or she is continually up to date with progress on a claim. If the claimant so requests, the PIAB will copy the correspondence to a solicitor but the board will not determine legal issues. Liability matters will be set aside and the PIAB will assess quantum only. It will not be an adversarial process and the board will make special provision for minors and those of unsound mind. It will also make provision for vulnerable claimants.

On Senator Leyden's reference to constitutionality, extensive discussions have been held with the Attorney General's Office and, as a result, the section was inserted stating that nothing affects the claimant's right to legal advice. The ethos of the PIAB is that a claimant gets what he or she is entitled to, no more or less. Insurance costs are too high and that is partly due to excessive litigation costs which, compared to Britain and other areas, are astronomical. The PIAB will deal with issues of quantum and the amount of damages to be paid in respect of injuries. That will be based on medical and not legal grounds. If parties are not happy, they are free to go to the courts.

No one will appear before any board and there will be no oral hearings. If a medical report is incomplete, the claimant will be asked to attend an independent medical examination. There is no need for legal representation at a medical examination and the medical people will still be able to make a few bob on the side.

People will be able to get legal advice if they so wish but it will not be paid for by the board. If they are not happy with the decisions of the board, they are free to pursue it in another forum.