Dáil debates

Tuesday, 16 April 2019

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

 

9:35 pm

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent) | Oireachtas source

We all know what the problems are but we need to know what solutions can be brought forward to try to resolve this critical situation. Insurance reform is needed. Action is needed to finally put the nail on what I would call bogus claims. It is totally unnatural. The Minister, Deputy Flanagan, is a politician - forget about being a Minister - who deals in the real world out there with constituents. He knows it is highly unusual that some unfortunate people seem to fall into holes everywhere they go, cannot go to a nightclub or a pub without falling and cannot drive along the road without having some sort of an accident. They seem to be extremely accident prone and it seems to run in families. It is like serial objectors, in that there are people who are continuously involved in litigation. Questions have to be asked. It amazes me that when a person goes before the courts, his or her history with regard to claims is not looked at. It should be because that is the only way we will stamp out this type of rot. People who operate public houses, dance halls, discos and hotels are on their knees because of the crippling insurance fees they have to pay.

It is ironic that in the space of one week some weeks ago, I met a group of taxi drivers who complained to me about the high costs of their insurance, as well as meeting four fine, respectable lorry drivers who worked in the transport industry as private operators and who told me they were looking at giving up, getting out and finding alternative jobs. These people had driven lorries all of their lives and had operated their own businesses. They are highly respectable people but they must give up due to the high costs of insurance and because everything is stacked up against them.

People who run our community halls and groups are the backbone of the events and organisations. The one thing everybody is saying now is that they are worried about insurance and claims. They say "We cannot do that in the street tonight because if we organise it and somebody falls, we will be responsible for it." I put it to the Minister that we are losing a lot of the great events. Some were little simple things that were enjoyable and held in different villages and towns, such as a circus pulling up or some sort of event or sports day. It was some harmless activity, but now people are terrified of what would happen if somebody fell and twisted their small finger, resulting in a big claim. An overhaul of the Judiciary is needed with regard to how the courts system is working. We have to address this serious problem or people, in trying to pay for insurance, will be priced out of existence.

I acknowledge Deputies Michael McGrath and Cowen for the excellent work they have done in bringing this very important subject and debate before the House, and to have us all on our feet highlighting again to the Minister and to the Government that something has to be done. Every Deputy is dealing with this problem in his or her constituency. People who operate events in dance halls, discos, nightclubs and hotels are terrified. They are on their knees. As the event may have a big turnover and a large volume of people going in, some on the outside might think the business is making a lot of money.

If they had to pay the costs that these people have had to pay in terms of massive increases in their insurance premiums over many years, they would be frightened. I again thank Fianna Fáil for bringing forward this Bill.

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