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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: -----but Deputy McGrath should not link it to progress on the Bill or allowing it to proceed to Committee Stage.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: No. The next stage is to agree the report. Deputy McGrath should call a spade a spade. He wants to block the Bill, and the reality is that he is-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: I have already said that I am happy with an independent analysis. Deputy McGrath had hoped the legal advice would come back stating the Bill was unconstitutional. It has not. He had hoped the Bills Office would say the Bill would need a money message. The office has said the preliminary decision is that it does not. It is therefore now in the Deputy's hands as to whether we are going to...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: I am just going to say that I think. This is ridiculous. It is a massive stalling tactic to try to scuttle the Bill. Senator Kieran O'Donnell spoke about being reasonable. He is being reasonable in the context of doing everything he can to stop the Bill. Let us call a spade a spade.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: The Senator is entitled to do so. He is entitled to the opinion he holds in respect of the Bill. I have a different opinion. I want the Bill to proceed, although it does need to be amended. On Thursday, the select committee will take Committee Stage of another piece of my legislation on insurance contracts. There is further analysis needed on the part of the Department of Finance...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: Thursday's meeting is set to consider legislation, the Consumer Insurance Contracts Bill 2017.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: Will there be an opportunity to submit further amendments before then?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: They should be submitted by tomorrow.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: Would it be possible to set a deadline of 1 p.m. tomorrow for the submission of amendments? Would that allow sufficient turnaround time?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: No Consent, No Sale Bill 2019: Discussion (Resumed) (9 Jul 2019)

Pearse Doherty: Obviously, we will try to submit them in advance of the deadline.

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.

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