Dáil debates

Tuesday, 27 November 2018

Central Bank (National Claims Information Database) Bill 2018: Instruction to Committee

 

7:45 pm

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I will try to address some of the issues. No one has objected to the Motion itself and the Deputies will have opportunities to tease out issues further at Committee Stage. I share Deputy Doherty's reservation that the insurance industry would directly fund An Garda Síochána, as would many Members of the House. I have discussed this with the Minister and I understand that he is like-minded to a certain extent. The Deputies will have to tease it out with him at Committee Stage.

Deputy Burton spoke of the timeframe of a month for people to lodge their papers. I understand that the court would still have discretion in extreme circumstances if, God forbid, somebody was in a coma or incapacitated and could not direct a solicitor, where a judge could consider the circumstances. Data protection rules require business owners and others to dispose of personal information, in this case, CCTV footage specifically. It is not inappropriate that we should try to get those two time periods to coincide which is the primary aim of this. It is also highly appropriate that the affidavit which followed the proceedings would be submitted within three weeks. Perhaps only anecdotally from my own dealing with the law and from dealing with constituents, but often that time period can be lengthened for any number of reasons. Those are contributory factors and, as Deputy Doherty said, fraud is not the only reason we have high premiums. Delays in the legal system and in the processing of claims are a significant contributing factor. That is why I welcome Members' agreement that we would have this discussion on Committee Stage on the amendments that the Minister has flagged.

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