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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: 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.

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.

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