Pearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

94. To ask the Tánaiste and Minister for Justice and Equality if proposals have been submitted to the Government to change the Occupiers' Liability Act 1995 and the Civil Liability Act 1961 to reform the duty-of-care arrangements and increase protections for consumers, businesses, sports clubs and community groups; and if she will make a statement on the matter. [8771/22]

Pearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Small businesses and community groups right across the State continue to suffer from unaffordable insurance premiums. The action plan on insurance reform committed that the general scheme of legislation to balance the duty of care would be brought before the Government by June 2021. That deadline was missed. In July 2021, the implementation report committed that the general scheme would be submitted in September 2021. Again, that deadline was missed. What is the current status of the work by the Department to reform the duty-of-care arrangements?

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Insurance reform is a key priority of the Government. It is reflected in the programme for Government, the Government’s action plan for insurance reform, which the Deputy has just mentioned, my justice plan for 2021 and my justice plan for 2022, which I will publish shortly. This is a whole-of-government effort. I am pleased to say that, of the 66 actions contained in the action plan, 51 have been now completed. Twenty-six were completed by my Department. Data from the Personal Injuries Assessment Board indicate that award levels have reduced by around 40% since the introduction of the personal injuries guidelines last April, which I hope the Deputy will agree comprise a significant step in meeting our commitment to making insurance more affordable for consumers, businesses and community groups. We have all seen a reduction in our car insurance premiums in the past year alone. In addition to the bringing into operation of the guidelines, the enactment of the Criminal Justice (Perjury and Related Offences) Act 2021 last June has been a key element of work in my Department. We have also examined changes to reduce insurance fraud, including penalties for insurance fraud, in consultation with relevant agencies. The Insurance Fraud Coordination Office was opened by An Garda Síochána in July.

In accordance with the action plan, my Department has completed a review of the occupiers’ liability legislation, including the duty of care and notices and waivers. Under that review, we considered relevant current legislation in Ireland and other common law jurisdictions, in addition to notable Irish case law. Subsequently, my Department identified several options regarding occupiers’ liability, which the review has recommended pursuing. I submitted these options to the Government last April.

We are considering reform in two areas. First, we are considering introducing provisions to ensure that ordinary common sense is brought to bear on personal injuries cases. This usually leads to a dismissal or a reduction in the award granted. We are essentially codifying what is already happening in many or some instances in our courts. This is in line with recent superior court rulings.

Second, and probably more significantly, we are considering the introduction of a provision to allow for the voluntary assumption of risk whereby those who willingly place themselves in circumstances they know might result in harm cannot bring a claim against the other party. This is what many people are looking towards. This recommendation was made previously by the Law Reform Commission.

To set out the timeline, my Department is currently engaging with the Office of the Attorney General on proposed amendments to the Occupiers’ Liability Act. My intention is that, on receiving advice, the proposals will be progressed and included in the civil liability Bill. The intention behind that will be made known in the coming months.

Pearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Our economy and communities will be unable to bounce back sustainably from the pandemic unless all sectors and businesses of all sizes can resume activity in a stable and supportive environment. The insurance crisis is having an impact on that. If you talk to businesses, you hear that time and again.

Reform is moving at a snail’s pace. The personal injuries guidelines adopted last year saw personal injuries awards fall by 50% within three months of taking effect, yet we all know that insurers are not passing on those types of savings to customers. I urge the Government to support my Judicial Council (Amendment) Bill, which would monitor insurance companies and pressure them to pass on savings.

Rebalancing the duty of care is crucial to bringing greater certainty and underwriting capacity in the insurance market. Given that the Minister stated insurance reform is a key priority and that there is a whole-of-government approach, I was shocked that she has not only missed her own two self-imposed deadlines but has also not included the legislation to reform duty-of-care arrangements, by way of amending the Occupiers’ Liability Act, in the spring legislative programme. What are the causes of the delay? Does the Government have a new deadline that it might try to meet this time?

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Of the 66 actions contained in the Government’s action plan for insurance reform, which includes four Departments, 26 have been completed by my Department. A major focus has been placed on insurance reform in the Department of Justice. We have already introduced legislation. While a number of deadlines have, perhaps, been missed, the focus has not been taken away from insurance. The focus been rightly on insurance in many other areas, as well as this. I do not intend to bring forward a separate bill, because I think that would only take longer. These are amendments that can be put into the civil miscellaneous bill, which is due in the coming months. We are at the end stages of the process. We are engaging with the Attorney General. I completely appreciate and understand the importance of this legislation and in making sure that businesses, individuals, community groups and those who represent play spaces and other areas can see the benefit of the legislation.

People are already seeing the benefit of the 51 actions that have been completed.e. To give the Deputy an example of one, my own Department has worked with An Garda Síochána and we have seen the number of staff in the fraud bureau rise by one third, which has allowed a new office to open up. We are engaging with the insurance companies in order that we can identify where fraud its taking place and that we can have a better and closer relationship to try and reduce those numbers over all. That will discourage people from coming forward with claims and it will have a knock-on impact on insurance companies and the cost that they are putting on to individuals.

Pearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I do not know if the Minister is aware of what is happening out in the real world. She has spoken about the action plan and so on. Businesses and community groups are not seeing a reduction. The vast majority are seeing increases in their insurance premiums. That is not just me talking. I ask the Minister to talk to the campaigners in the Alliance for Insurance Reform who represent a wide section of society. They have told the Minister time and time again that they have carried out surveys. We can see it in the statistics. There have been small reductions in motor insurance, but these have been nowhere near where they need to be. In terms of public liability insurance, community groups, sporting organisations, businesses, play areas and all the rest are suffering as a result of high insurance costs. Some have had to close down. It is a key issue. The Minister has missed deadlines twice. She talked about bringing proposals to Cabinet in April, and she cannot still give us a date, a year later, of when the legislation is going to be produced. The Minister has stated that she will not bring forward stand-alone legislation because it would take too long, although if Government had really gripped the issue, it would have been done and dusted by now. I ask the Minister to at least publish the amendments in order that we can see whether the Government understands what is really required in the context of balancing the duty of care. Is the Minister in a position to publish amendments at this point? Obviously, there will be no pre-legislative scrutiny if the Minister is just amending existing legislation.

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Having met and engaged with the Alliance for Insurance Reform, many members of it and, indeed, members of my community, I am very aware that there is no silver bullet and that a single action is not going to facilitate the changes we need. Of the 66 actions, 51 of which have been completed, we are starting to see changes in some, not all, areas.

In the context of some of the larger items, such as the guidelines issued last year, it takes time for the changes to be seen and reflected in our pockets and for those in our communities as well. As outlined, in the context of the legislation, whether it is in publishing the amendments themselves, we are focusing on two things, namely, that we codify what is already being seen in judgments that are being handed down and where common sense is being applied. In recent court rulings, there have been dismissals or reductions in awards. In addition, we want to introduce a voluntary assumption of risk. It is very clear what that means. It means that if you walk into a place, area or setting where you may hurt yourself and you are aware of that, you cannot make a claim afterwards. I appreciate that this is extremely important for many businesses. That is why I have every intention of dealing with this matter quickly as possible through the civil law (miscellaneous provisions) Bill that is due in the coming months.