Oireachtas Joint and Select Committees

Thursday, 11 July 2019

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Consumer Insurance Contracts Bill 2017: Committee Stage

Photo of Michael D'ArcyMichael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I wish very briefly to highlight a few points. The Bill as introduced is broad and wide-ranging legislation. It potentially cuts across existing domestic and European legislation in several areas. The Attorney General has advised that further detailed consideration of the complex legal issues involved in the Bill is required. Specialist legal counsel has been sought on the Bill overall and on specific legal issues to ensure the enactment of the Bill's provisions will have no unforeseen or unintended consequences. In particular, advice has been sought on the following issues: insurable interests in section 5; the cutting-off period in section 9; post-contractual duties of consumers and insurers in section 13; replacing insurance warranties in section 16; unfair and onerous terms in section 17; and subrogation in sections 19, 20 and 21. Once the legal advice has been received, I may put forward further amendments to these sections on Report Stage to ensure the Bill is legally sound when enacted. At this stage, however, I cannot predict the outcome of the legal advice. After reviewing the entire Bill, counsel may raise further issues on different aspects, requiring amendments to other sections.

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