Dáil debates

Thursday, 15 December 2016

Road Traffic Bill 2016 [Seanad]: Report Stage (Resumed) and Final Stage

 

1:00 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent) | Oireachtas source

I want to address some of the points made. I agree with virtually everything that was said about the insurance industry. I would probably go a little further with regard to most of the detail given by Deputies Mattie McGrath, John McGuinness and Tommy Broughan. They are probably aware that when it comes to taking measures to deal with it, it is a matter for the Department of Finance. That is why the Minister of State, Deputy Eoghan Murphy, and not me, has been writing the report. The obligations in my Department are to do with safety. That is the only area where I can affect motor insurance, and that is by making the roads safer. If we make the roads safer, presumably, insurance rates will come down.

The Minister for Justice and Equality and I are part of a group which examines road safety on a regular basis, with the Garda Commissioner, other interested bodies and the Road Safety Authority. We called in the insurance companies recently to ask them about road safety and various data, and we were struck by their lack of knowledge. It was alarming that they did not have the relevant data we needed, particularly on this issue of learner drivers, so we dispatched them with a request to come back to us with that information at an early date. Unfortunately, most of the other measures will have to be addressed by the Department of Finance and not by my Department because it is not within our ambit.

I thank Deputy Broughan for amendments Nos. 7 and 12 relating to insurance and unaccompanied learner drivers. I understand that pressure from insurers on learners or those who might let them use cars would be helpful. It is a measure I would be happy to consider in more detail, and it may be an issue that should be referred to the committee on finance. I do not believe, however, that as it is proposed and drafted, and it is as much a drafting issue as anything else, it would work. For example, amendment No. 7 would require me, as Minister, to write to insurers instructing them to inform unaccompanied drivers that they are not covered by their insurance but what happens if they do not obey the instructions? I share the Deputy's aspiration in regard to this amendment. There is also no sanction and no way of enforcing the instruction. I cannot enforce that instruction; I do not have those powers. That is a real difficulty in terms of the drafting. I could write to them asking them to do it but they can tell me to go jump in a lake or do nothing about it, and there is nothing I can do about that. It is incomplete.

I agree with Deputy Broughan that we have to deal with unaccompanied learners and as I stated last night, the amendment tabled by Deputy Munster and Deputy Ryan addresses that in a reasonable way. I accepted Deputy Munster's amendment. The amendments were almost identical but the language in Deputy Munster's amendment was closest to the language used in the legislation. I am conscious that every word in legislation of this sort can be challenged and it is probably safer to accept that one, but that does not mean there is much difference between them.

I also agree that it might be very effective if we could include an insurance aspect to the measures we introduce or, when the measures to deal with the insurance companies are introduced following the report, that we include something along the lines of Deputy Broughan's amendments.

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