Dáil debates

Tuesday, 12 March 2019

Saincheisteanna Tráthúla - Topical Issue Debate

Insurance Costs

5:55 pm

Photo of Michael D'ArcyMichael D'Arcy (Wexford, Fine Gael) | Oireachtas source

The Deputy said it. He does not know what he is talking about. I thank Members of the House who have facilitated me in terms of insurance legislation passed last year. It includes the Insurance (Amendment) Act to give effect to the Supreme Court decision regarding Setanta and the Central Bank (National Claims Information Database) Act. The Minister for Jobs, Enterprise and Innovation is responsible for the Personal Injuries Assessment Board (Amendment) Act, which was also passed. I compliment and thank all Deputies and Senators for getting that through.

Regarding the Deputy's comments about the hospitality sector and, in particular, play zones, I have met with many people in those sectors and there are issues. The issue is the levels of award. It is as simple as that. A bang, scratch or cut can get €10,000 or €15,000, which is outrageous. The companies are paying these sums rather than presenting in court because it is a good commercial decision on their part. If they go to court, they present in front of a judge, the case involves a child and the award is paid at that level plus costs. The insurance company has the commercial decision to make. Does it pay this, get it over with, take the pain early and get out the door? What does it then do? It passes on the increased premium to its customers. This is what it comes back to.

Two issues arise here. If the Deputy wants to be helpful and facilitate me, we must pass the Judicial Council Bill as soon as it is presented. I was not to know that this Bill would get stuck behind the Judicial Appointments Commission Bill in Seanad Éireann with a filibuster. I had hoped and anticipated that this legislation would been concluded in 2018 along with the Insurance (Amendment) Act, the Central Bank (National Claims Information Database) Act and the Personal Injuries Assessment Board (Amendment) Act. If the Deputy wants to be positive, he should come on board and support that Bill. What that Bill will do is present, in line with the Personal Injuries Commission, the opportunity for members of the Judiciary to put in place new guidelines for levels of awards. I am challenging the Deputy to come on board and facilitate that legislation.

Another Bill I want to get through the House as soon as possible is the Consumer Insurance Contracts Bill, which is a Sinn Féin Bill. The Deputy may be aware of it. I am not satisfied with the interaction between insurance companies and their customers. The customers of insurance companies buy their product and subsequently are being badly treated because, as I said earlier, there is nothing easier than to pay the award and upload the premium on the person buying insurance.

Insurance companies cannot have it every way. We have worked hard to put a better structure in place to ensure that companies are profitable and that we have a sustainable insurance sector but we are not getting fair play from the companies. They are increasing premiums and are now very profitable. Aviva had profits €113 million, FBD had profits of €15 million while RSA had profits of €35 million - over €200 million between them. That is not fair play at all when it comes to the customers of these companies.

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