Seanad debates

Tuesday, 3 July 2007

Personal Injuries Assessment Board (Amendment) Bill 2007: Committee and Remaining Stages

 

8:00 pm

Photo of Paul CoghlanPaul Coghlan (Fine Gael)

There is no argument with the efficiency or effectiveness of the very good work of the PIAB.

I share the Minister's view that Senator O'Toole is an able advocate and that he has done important work as vice chairman of the board. I have great respect for the Senator and for his views.

No one doubts the good work of the board, its achievements in respect of the early settlement of claims or its meeting of other targets. The only point at issue relates to public access to the courts and whether citizens are being frightened off taking the legal route. We are at one with regard to the need to promote a necessary consumer measure. We are all pro-consumer. The only issue that arises relates to a fundamental right and an important constitutional principle. The nub of our concern relates to whether the Bill aims to reduce the power of the Judiciary to make awards in respect of costs and whether this, in turn, could be interpreted as an attack on the judicial power of the State.

I was delighted to hear the Minister state that he has received assurances from two Attorneys General in respect of this matter. I was not aware of that fact. However, we have a serious reservation in respect of the area to which I refer. No one is arguing against efficiency or increased competitiveness. We are at one on such matters. I wish to clarify that my party is only concerned about the fundamental constitutional principle.

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