Oireachtas Joint and Select Committees

Tuesday, 13 September 2016

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Rising Cost of Motor Insurance: Discussion (Resumed)

11:00 am

Mr. Ken Murphy:

I will address the issue of competitiveness. The point seems to us to have been accepted by the Competition Authority in its report in 2006, although it was critical of other aspects. We were not wholly fans of that report in terms of its rigour, depth or reliability. However, it recognised a considerable degree of competition. All the characteristics of a highly competitive market exist in respect of solicitors' practices in Ireland. Let us contrast the sector with insurers: we are not talking about four or five "competitors". I gather we have 2,228 solicitors' firms in this jurisdiction. They are all competing with each other for clients. They are in different segments of the market but there is intense white-hot competition in the market.

Personal injury litigation is an intensely competitive area as well. People choose their representatives. Ultimately, in most cases we are talking about cases that either go through the Injuries Board, and are determined on a recommendation of the Injuries Board, or those settled by some other form of negotiation with insurers. Most involve no payment of solicitors' fees at all, formally speaking.

These matters are agreed between the individual client and his or her individual solicitor in a highly competitive market. There are no set fees, scale fees or Law Society-recommended fees. These are matters for individual negotiation and agreement in a market in which if any client is unhappy with the fee quoted in advance - he or she is obliged to be quoted in advance - he or she can go to a solicitor next door and find someone with whom he or she can reach an agreement.

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