Dáil debates

Tuesday, 16 April 2019

Civil Liability and Courts (Amendment) Bill 2019: Second Stage [Private Members]

 

9:05 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail) | Oireachtas source

"I have reached a point, not only in my legal life but in my life generally, where I am convinced a moment has come in this country where something really has to be done about our compensation culture." These are not the remarks of a business person or politician. They are the remarks of Nicholas Kearns, former President of the High Court and chair of the Personal Injuries Commission. He is not someone who will have to fork out thousands of euro for insurance. He is not someone who will be laying anyone off after closing his business because of insurance. This is a call for action from the Judiciary to a Government whose ear has been deaf to such calls. It has been deaf to the voice of business, including the businesses that occupy these galleries, of the Alliance for Insurance Reform, of insurance companies and of the many people who have been seeking action, and nothing substantial has happened. Businesses are closing and people are being laid off.

The Bill seeks to send a message that dodgy claims are no longer acceptable and will be followed up on. As Deputy Cowen has described, the range of measures in the Bill will send the message that businesses and insurers are no longer easy pickings for those looking for an easy buck. The Government has to row in behind this by supporting and fast-tracking the legislation and by providing the Garda Commissioner with the resources necessary to set up the Garda fraud unit to tackle fraudulent claims or claims that are clearly unsustainable. I acknowledge the profile that has been given to many cases by the media in recent weeks, in particular by Charlie Weston of the Irish Independent. In those cases, the claims were clearly unsustainable and were only pulled out of court at the last minute, yet they were not investigated afterwards. The Garda needs to be resourced to set up a unit to investigate such instances. This legislation needs to be passed so that the Garda can be equipped with the most up-to-date legislative measures to investigate and pursue cases where there are clear question marks over claims that fail or are withdrawn in court. If the Legislature, Government and police force do not send a message out, businesses, be they retailers, services, play centres or care centres, will continue to close and jobs will continue to be lost.

The former Taoiseach had a phrase about wanting Ireland to be the best place in the world to be a small business. It is the best place in the world to be an insurance company. Some of the largest insurance companies in the country earned €250 million in profits while small businesses were closing or laying people off to pay their unsustainable fees. There has been no measure of how what is paid out in Ireland for soft tissue injuries compares with Britain's figures even though the circumstances and so on are similar. There has been no brake on these payouts and costs. It seems that no one in the Government is listening.

There are a range of legislative measures and initiatives that would not cost money. While I acknowledge that the Judicial Council Bill 2017 is now moving through the Seanad, it was delayed because the Minister's Independent colleague seemed to be insistent on the Judicial Appointments Commission Bill 2016 going through before it. While he was getting his wish, businesses were closing and people were being laid off. I welcome the fact that sense has finally prevailed in that regard. It is to be hoped we will see an impact.

Do not let another opportunity go. Do not let other businesses go to the wall. Do not let people lose their jobs while the Government dithers on insurance reform and on taking action on the extreme cost of insurance. It strikes me that, when it comes to insurance reform, the Government is whistling while small businesses and jobs are burning. It is time for action, not plámás.

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