Seanad debates

Tuesday, 25 November 2003

Personal Injuries Assessment Board Bill 2003: Report and Final Stages.

 

Photo of Michael AhernMichael Ahern (Cork East, Fianna Fail)

Section 49 deals with the time limits within which the board will have to deal with claims. Amendment No. 8, which I reject, seeks to reduce the timeframe in which cases must be dealt with from nine to six months. The time limits are reasonable and premature assessments could be grossly unfair to a claimant whose medical condition is evolving. Time limits refer to statutory duties but the board will have the objective of settling cases at the earliest possible time. This, however, is dependent on when a stable medical prognosis becomes available. One reason behind the establishment of the board is to provide a speedier method of dealing with claims and it is not in its interest to delay a case.

Senator Maurice Hayes raised the issue of interim payments. I have been advised that no provision is made in this regard in the court system. If it were, the board would possibly be able to consider it as well. Perhaps the Tánaiste and Minister for Enterprise, Trade and Employment will examine the Senator's suggestion.

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