Dáil debates

Tuesday, 16 April 2019

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

 

10:05 pm

Photo of Barry CowenBarry Cowen (Offaly, Fianna Fail) | Oireachtas source

I thank all those who made a contribution to tonight's debate following our introduction of the Bill. I thank the Minister for Justice and Equality and his colleague, the Minister of State, Deputy Cannon, for their contributions. I acknowledge their commitment, and that of Sinn Féin and others, to not opposing this Bill. I acknowledge the commitment of the Minister to seek to further strengthen the Bill, amend it and work with us to ensure it has the full support of both parties and ultimately, all representatives of the people.

It is now time for action. We have seen the publication of reports as far back as 2017. They have contained various recommendations, which were acknowledged and appreciated but questioned regarding implementation and associated legalities. It boils down to three issues being addressed. The first is the bill of quantum in regard to the judicial council. Eventually this matter found its way into the Oireachtas, despite procrastination and obfuscation by many and the blaming of other legislation, including the Judicial Appointments Commission Bill. Be that as it may, the commitment that was given, again on foot of a motion we brought before the House on the issue, has been honoured in the first part. I acknowledge again the commitment on the part of the Minister to deal with the issue in a timely fashion to ensure the issue is back before this House because we cannot preside over a system that continues to award five times more than what is awarded in the United kingdom, for example.

The other objective is to strengthen legislation to ensure fraudulent claims are dealt with appropriately by the courts and that proper deterrents are put in place to ensure fraudulent claims do not arise in courts as regularly as they have done to date. If one were to decide whether to rob a bank or initiate a fraudulent claim, one would conclude it is much easier to initiate a fraudulent claim. One will get much more out of it and there are no consequences if it fails. The book is thrown at one in the other case, and rightly so. It should be thrown at one in both cases. We hope that the Minister's word on this Bill is good to ensure existing legislation will be strengthened. I am aware that the Minister said there are sections in the 2004 Act that seek to do what we propose to do here but they do not do so effectively. If they did, we would not be introducing this legislation. Eventually the Minister acknowledged this Bill will strengthen, enhance and augment existing legislation. If that be the case, so be it.

The Minister said he hoped there would be an announcement in the coming weeks on the role An Garda Síochána can play and the role a fraud unit within the force can play in ensuring fraudulent cases are brought before the courts. Existing penalties, although we recommend augmenting them further, would be quite sufficient if they were not touched but it is a matter of bringing the cases to the courts. An Garda will not be found wanting if it is adequately resourced and funded.

Two years ago, the Government first acknowledged the failings on its part to protect its citizens adequately regarding how they were being treated in respect of insurance, not only business insurance but also motor insurance. Two years later, we still do not have the three-pronged attack nailed down. For our part, contrary to what the Taoiseach might say in his public pronouncements on Fianna Fáil's initiation of policy, we have not been found wanting in introducing adequate and proper legislation and debating it in the time allotted to us to so do.

I take the Minister at his word. It is many years too late but it is never too late to do the right thing. In this case, it is imperative that the Minister act quickly so we can all go back to our constituents and say that, further to the reports initiated two years ago and the recommendations contained therein, there is a three-pronged attack I have laid out that can now be put into effect to ensure affected individuals have a chance in business and can survive and thrive.

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