Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

Before we conclude, I have a couple of remarks as well. I thank the witnesses for coming before us. The scenario that was presented was interesting, particularly that of Mr Sheridan. Her description of her experiences was very illustrative in making the committee aware of the differences that exist. I am aware of the comparisons with our European colleagues. I am also aware that there are some differences in the extent to which cover exists for various incidents in Europe. I know that the extent to which cover is available for the motor industry in some countries is not comparable to this country. In other words, some people have very little or limited cover, or it is left between the parties. That is not contradicting the reference to Europe.

We have all had experiences. There is no doubt that the rapid settlement of cases is important. The witnesses and many other people have referred to that. The manner in which insurance companies encourage the settlements might contribute to many other things. For example, saying to the person who reports an accident on the spot that he or she is liable or not liable, as the case may be, is very arbitrary for people who were not there. It creates problems. It is often unfair. Perhaps the offending party has no responsibility or is given no responsibility with regard to the issue and gets clean away. That is a problem.

The witnesses refer to repeat offenders, which are a serious issue. I know that, in law, one cannot very well say that a person has a record and ask for it to be taken into account. It is a dangerous thing to do. However, some regard must be had to the fact that a person has had ten successful claims beforehand and appears innocuous enough. Why is that not taken into account? Can or should it be taken into account? We have seen cases where judges refer to that. We have seen other cases where people boast about how successfully they managed to circumnavigate the system. That is another difficulty relating to providing a service that is fair, equitable, comprehensive, and sufficient to meet the needs of any growing country's economy. Do any of the witnesses want to respond before we move to the next session?