Results 12,361-12,380 of 35,658 for speaker:Pearse Doherty
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: Can I just take the witnesses through a couple of points for clarification? On fraud, what is the difference between fraud and exaggerated claims, a term that is being used now, or are exaggerated claims fraud?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: If a person was in a car accident and claimed that he or she was injured beyond what the person was, would that be seen as fraud?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: Yes.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: The guidance on reported suspected fraudulent insurance claims within An Garda Síochána's code of practice with the insurance industry states "an offence of deception relating to exaggerated claims takes place" and it goes on to say where it takes place and should be reported. Should claims that are believed to be exaggerated and which are defined as fraud be reported?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: Is Mr. Lordan familiar with section 19 of the Criminal Justice Act 2011 on disclosure?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: What onus does that place on me or on any other person, if I am aware of a fraudulent claim, because fraud is one of the relevant categories in that legislation?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: What is the position if I do not report it?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: Is it a criminal offence?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: This has a maximum potential prison term of five years.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: Section 19 of the Criminal Justice Act makes it a criminal offence for the insurance industry and the entity - including possibly the person but definitely the entity - not to report an issue of fraud.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: We have the insurance industry giving us the spin about the 15,000 cases. Obviously, one can extrapolate or argue that they conducted - if they genuinely believe that - 15,000 criminal offences under section 19 of the Criminal Justice Act 2011.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: That is from-----
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: Okay.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: That is fair enough in relation to suspicion as opposed to stating facts. When an insurance industry says then that there are 15,000 cases, that is a different matter.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: Are people ever prosecuted under section 19 for failing to inform the Garda of activity that would be relevant in the prosecution of a crime, particularly one of fraud?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: Okay.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: When we look at the figures, 50 cases have been reported. I do not believe the spin from the industry about the 20% figure, which is somewhat debunked now in the public mind. Equally, I do not believe it is as low as 50 cases. What is the responsibility in this regard? Is it on the balance of probability that they have an onus to report?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: If the industry reports a claim, they also have to follow it through. They have to appoint somebody, work with the Garda district inspector, report it to national level, and stick with the claim, which creates a burden on the industry.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: If they are challenging them because they think they are fraudulent, they have a responsibility, regardless of their challenge, to report that to the Garda under section 19 of the Criminal Justice Act. What about the cases we hear of where someone is in court, he or she has been involved in an accident - or may not have been involved where it may have been staged or whatever or he or she has...
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: The Garda may be getting some of them but the point is that where what happens in such cases is not reported, those involved are getting away with committing crimes. I take the point that the Garda does not supervise the courts and so on. The Houses of the Oireachtas place the onus on the insurance industry and the companies involved to pass the relevant information to the Garda. In cases...