Dáil debates

Tuesday, 2 October 2018

Civil Liability and Courts (Amendment) Bill 2018: Second Stage

 

8:50 pm

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail) | Oireachtas source

I commend my colleague, Deputy Kelleher, on introducing this much-needed Bill. It is a simple and practical proposed solution to an issue that has dogged business and industry in the insurance area for some time. I sit on the Oireachtas Joint Committee on Business, Enterprise and Innovation where we have considered these issues. Many delegations and interest groups from the sector have appeared before the committee to give evidence. The consensus across the board has been that this item has been long in abeyance. It is a boil that needs to be lanced and the Bill represents a step towards doing so. I hope in the spirit of new politics the Bill will progress. I do not know what support it will enjoy from around the House and from the Government in particular. I hope it will be fully supported. It is an example of sensible legislation being advanced as a Private Members' Bill. I hope it can proceed and not be bogged down as many Private Members' Bills have been in the past.

We know the cost of insurance is a huge cost preying on SMEs and the small business sector. In many cases it cripples their ability to be competitive. It also contributes to the cost-of-living increases for the average individual, along with things such as rent, mortgage interest rates, the cost of accessing education, and for younger people in particular, the uncertain work front in terms of the gig economy and uncertain contracts. Insurance is yet another piece into that mix that escalates the cost of living, makes it more difficult and generates more uncertainty in the economy.

Before becoming a Member of this House, one of the things I did was to study for the bar. I was delighted to see the Minister at the Red Mass yesterday marking the start of the new legal term. As a law student a number of years ago on court visits, I was always perplexed when I looked into courts particularly personal injury cases to find that while one party wins and one party loses, it was very clear that one party was lying or fabricating evidence and advancing a version of the truth that was found by a judge not to be true. I was always amazed at how those people could walk out of court again unhindered and maybe try it again somewhere else a week later if the opportunity arose.

It seemed there were no consequences relating to this kind of activity, which was rife. It was extraordinary that it was allowed to continue. This is a simple measure which has been recommended on many fronts and I believe it needs to happen.

I do not want to finish on a negative but I have to comment on the lack of action. I studied the report of the cost of insurance working group's and I know many different actions were taken. However, while there were to be 11 actions for this year, only one of these appears to have been agreed and followed through on, and that action was to set up a further sub-committee. In terms of tangible actions which can deliver results, I do not believe we have yet seen any, which is unfortunate.

I commend the Bill to the House. It provides an opportunity for all of us to put aside past delays and actions and get behind something that is comprehensive, effective and can deliver results.

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