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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: No. The owner will keep the footage on the basis that, potentially, there is a claim. He or she can keep the footage as evidence for his or her defence.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: No, they do. We are reconciling the period to one month in order to give somebody an opportunity to store or keep footage. Section 14, which is the same Act-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: No, they still have the same period of two years. What they have to do within one month is give the individual, who is the owner of the premises, an opportunity to store the footage because otherwise the footage, by law, will be deleted.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: Section 14 means there is an inference taken, against the individual, that he or she did not adhere to that portion of the Act, and that this inference will be against the claimant.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: There are two time schedules. One is the period in which one must tell the person who is, potentially, mounting a defence against one in order that he or she can store the imagery. That is because legally now the GDPR states one must delete the footage. The second period is not changing.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: I mean the period somebody has, potentially, an opportunity to make a claim.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: By the end of the year.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: The Judicial Appointments Bill came from the Department of Justice and Equality and this legislation came from the Department of Finance.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: The Senator is partially right. An exaggerated claim is, in my view, where somebody is impacted through no fault of his or her own.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: Fraud is trying to establish or plan an event. There is a difference.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: I accept that.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: In terms of exaggerating a claim, most people have not tried to plan an event or accident and have, through no fault of their own, been impacted. They may exaggerate the claim. The level of exaggeration would really be the level of fraud involved.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: I believe that an exaggerated claim does more damage than fraud or staging of an accident.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: That is also, in my view, because of the high levels of award. If the levels of award were much less then people would be much less likely to exaggerate a claim.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: I know.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: The Garda fraud unit is a matter for the Garda Commissioner. I have met him but I cannot instruct him to do this work.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: I can ask him.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Cost of Insurance Working Group Update: Discussion (15 Nov 2018)

Michael D'Arcy: Yes. I will ask the Garda Commissioner to establish a section within the Garda National Economic Crime Bureau. There is a sum of €1 million available. I have always been in favour of the initiative. I have never been in favour of the industry paying the Garda directly.

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