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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: I am saying that the situation has significantly improved.

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

Michael D'Arcy: If something is happening that I am not aware of, I want people to make me aware of it.

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, the Senator would be notified.

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

Michael D'Arcy: Legislation to instruct insurance companies to do that is required, but in general, insurance companies are informing people if a claim is made against them. If we want to oblige them to inform people, then legislation is required.

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

Michael D'Arcy: It is not in place yet. However, we accept that, in general, the insurance company informs the person that a claim has been made against him or her.

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

Michael D'Arcy: We have to put legislation in place to make it an obligation, to give it legal effect, rather than simply agreeing it. Some of these things are not going to be done, but some will be. As I said already, 60 out of 78 recommendations have been concluded.

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

Michael D'Arcy: To make it legally operable and to ensure that insurance companies are obliged to tell-----

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 protocol has not been agreed, but the insurance companies, in general, are informing people if a claim has been made against them.

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

Michael D'Arcy: It is.

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 general, they are informing people when a claim is made against them.

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

Michael D'Arcy: They have not agreed to the protocol.

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

Michael D'Arcy: If we want to make this legally enforceable, we have to pass legislation.

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

Michael D'Arcy: Of course it has been impacted. The misapprehension here is that I can instruct insurance companies to do things or ask them to act in a certain way. If they refuse, we can then try to agree a protocol with Insurance Ireland, which only covers 70% of the sector. If the insurance companies say no to that, the only way forward is for the Oireachtas to pass legislation.

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

Michael D'Arcy: They have not said no.

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

Michael D'Arcy: They have not agreed the protocol, but most companies have agreed to inform the insured person that a potential claim is being made against them.

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, it has not, because I have five other pieces of legislation ahead of this which are much more important.

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

Michael D'Arcy: We can get caught up with the fact that this has not been done, but it is not the be-all and end-all. The Senator is talking about a very small issue. The Central Bank (National Claims Information Database) Bill 2018 is a big piece of legislation that has to be concluded. We have just passed the Insurance (Amendment) Bill 2018 which, with the help and support of the Senator, passed through...

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 general, it is covered by the consumer protection code. The Senator is raising a small issue.

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

Michael D'Arcy: It absolutely is.

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

Michael D'Arcy: We have the Central Bank (National Claims Information Database) Bill 2018 to pass. The fraud database has to be completed. We also have the Personal Injuries Assessment Board (Amendment) Bill 2018 and the Judicial Council Bill 2017. Those are the big forthcoming measures we are taking. The Senator is talking about something tiny.

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