Seanad debates

Tuesday, 25 November 2003

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

 

Photo of Joanna TuffyJoanna Tuffy (Labour)

However, Senator O'Toole expanded on it and talked about people lining up and making a living on the day of a court case. My sole way of making a living is as a Senator and that does not mean that I or Senator O'Toole cannot advocate on behalf of people and draw attention to their rights. Similarly, the legal profession is an advocate of people's rights. I thank Senator Maurice Hayes for his intervention in this regard because the debate has focused on the role of the legal profession. I would be as critical of the legal profession as anybody else and totally disagree with the practice of solicitors who take money from personal injuries cheques when they have already been paid by the insurance companies for their costs. Something concrete should be done about this rather than just telling solicitors they should not engage in this practice. However, as I stated before, costs, competition and the regulation of the profession are separate issues.

Another purpose of this legislation, apart from reducing legal costs, is to reduce the cost of awards. This may well be good in many ways but individual claimants may be disadvantaged. The amendments were tabled to protect against this and Senator Mansergh should note that this is a legitimate thing to do. The Law Society of Ireland, like other bodies, should have representation on the board and, therefore, I support the amendment.

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