Results 12,981-13,000 of 36,274 for speaker:Pearse Doherty
- 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...
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: I am not talking about the individual who is trying to scam. I am talking about the individual who tried to scam, who has walked out of the courthouse after losing the case but has not really lost anything and the insurance company has not reported that to the Garda. That is a criminal offence.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: It does not say anything about the balance of probability or anything like that there. The onus is on the insurance company according to the legislation, which states, "A person shall be guilty of an offence if he or she has information which he or she knows or believes might be of material assistance in preventing the commission by any other person of a relevant offence or securing the...
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: On that, how many of the 50 complaints received from the insurance industry have been withdrawn? Can Mr. Lordan break them down into categories? How many were found to be worthy of investigation?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Fraud: Discussion (9 Jul 2019)
Pearse Doherty: All of them are live cases.