Matt Shanahan (Waterford, Independent) | Oireachtas source

Insurance is not working, as the Taoiseach knows. It is becoming unaffordable and unavailable for a significant number of sectors. Many only have recourse to one underwriter and they have to pay whatever is being asked of them. The Taoiseach mentioned PIAB and he knows PIAB claims are being circumvented with the attachment of post traumatic stress to soft tissue injuries. That was never meant to be where we were going in terms of the personal injuries guidelines committee, PIGC. There has been no attachment of costs to solicitors' practices bringing nuisance cases. I have not seen any and, in fact, there was one high profile case recently where the judge explicitly refused to do this. It related to GAA insurance.

The insurance companies are not settling. They are settling low-pay costs because they do not want to go to the High Court and even when they are getting awards, they cannot recover the costs from the other side. This is leading to this large level of dysfunction. When the Taoiseach talks about claims falling, what he is really talking about is the motor insurance industry. That is the only heading where insurance claims appear to be falling and where premiums are falling. They are not falling anywhere else. I have a friend in the sports amenity business who is facing a claim from somebody who broke through a fence, came into the property at night and injured themselves. My friend is facing a personal injuries claim, as an occupier.

Unfortunately, this is endemic throughout the country if one looks at where the courts are going. It is being supported, unfortunately, by many in the legal profession and we will have to legislate again and properly on insurance reform beyond what we are doing.

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