Seanad debates

Tuesday, 25 November 2003

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

 

Maurice Hayes (Independent)

I do not carry any particular torch for the Incorporated Law Society but I see no reason for Senator Leyden's assertion that a member nominated by the Law Society of Ireland might have a difficulty in deciding whether he was a member of the board or a representative any more than a person nominated by the Irish Insurance Federation, who would surely face the exact same ethical dilemma. Surely the same ethical dilemma will chase it too? I support this amendment chiefly because the Irish Insurance Federation should not be represented on the board. It is parti pris to the process. One can think of there being a lawyer as of right as a balancing mechanism because with all respect – this applies less to the trade unions than to anyone else – neither IBEC nor the IIF has ever struck me as a shining apostle for human rights and the rights of the individual. It is no harm to have someone involved who has some grasp of the concepts of natural justice and equity.

Saying that the Minister might appoint a lawyer among other members is fine because the present Minister will take an enlightened view of this and do so but her successors cannot be bound in this way. There is merit in saying that if there is to be an insurance person, then there should also be a lawyer of some sort. I hope that in making the other appointments, the Minister might have regard to the desirability of representatives from groups which advise on such matters, for example the Citizens' Advice Bureaux or the free legal advice centres. If the Cathaoirleach will permit, this enables me, perhaps slightly irrelevantly, to say that when we spoke about advice on Second Stage, I expressed the hope that the Minister would take the opportunity to secure increased funding for advice groups which perform a very important function for inexperienced or illiterate applicants in preparing cases.

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