Terry Leyden (Fianna Fail)

I oppose these amendments because they would make the entire Bill unworkable. The Opposition spokespersons seem to think that the insurance companies are the parties involved; it is actually the business person or the respondent who is paying for the insurance. It is in the best interests of the claimant that this provision is in the Bill and that this amendment should not be accepted. I do not see the point of these amendments; I oppose them.

The claimant probably will get legal advice, even if they are not represented and there is no direct contact with solicitors. The claimant can also withdraw and undertake legal proceedings if he or she does not accept the settlement. If the insurance company admits liability and a settlement is being made but for some reason the company withdraws, it might be on the basis of a fraudulent claim which comes to light during the proceedings. In those circumstances it would have a right to withdraw its admission of liability. I cannot support the amendments as they would hamper the effective operation of the Bill.