Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The effect of these amendments would be that gardaí could not have regard to a spent conviction in investigating subsequent similar offences by the same person and insurance companies could not keep records of insurance frauds perpetrated by persons whose convictions were spent. Deputy Mathews might want to listen to the following. The section that is sought to be deleted provides that a person who is convicted of fraud, deceit or dishonesty in respect of a claim under a policy of insurance or a policy of assurance shall not be excused under section 5 from disclosing any such convictions on an insurance proposal or form or any assurance proposal or form as the case may be. I am not sure whether Deputies are clear that anything that is dealt with under the legislation that is a spent conviction will not have to be disclosed to the insurance company. It is only in respect of insurance fraud that a spent conviction will have to be disclosed. It is important to make that point. It is not reasonable to expect the Government to agree to the amendment and remove that provision from the legislation. An insurance company has a right to know about an insurance fraud that has been perpetrated on them when considering a new policy. The amendment proposes that they would not have the right to that information.

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