Results 1,441-1,460 of 6,295 for speaker:Michael D'Arcy

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: I am in two minds, but my opinion does not matter. It is a matter for the Garda Commissioner.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: The Minister for Justice and Equality.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: I have asked the Minister for Justice and Equality to progress this. My view does not matter. It is part of the report and we are trying to implement it. I have asked the Minister to speak to the Garda Commissioner when the new Commissioner is appointed.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: I do not believe so. It is a matter for the incoming Garda Commissioner.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: I do not.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: It used to be three years. The period in which somebody has an opportunity to make a claim has been reduced from three years to two years.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: It was 2004.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: Yes. It is appropriate that somebody should have a period in which he or she can make a claim.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: Two years.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: We have looked at that and we think a two-year period is relevant. Somebody might have an accident and some symptoms may not show up for some time. What the Vice Chairman is talking about is dealt with in section 8 of the Civil Liability and Courts Act 2004. It is the same Act that refers to the period in which somebody must present. With regard to the data protection rules, we are going...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: That is correct. They have the two-year period following that to make the claim. There is an important aspect to this. That section of the law stands at two months, but it has not been used. The next stage is section 14. If people do not give the insured person the opportunity to retain the imagery or the CCTV footage, an inference can be taken by the court against the individual because...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: That would be unreasonable if somebody did not have the opportunity. Somebody could be injured and in hospital for a month or five weeks. If we prevent that person from making a claim, that would be unfair. The person has to show grounds for why he or she did not present to give the insured person the opportunity to have the evidence of the video footage retained.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: We cannot do anything.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: It is a matter for the Judiciary to reduce the awards.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: We have put the question to the Attorney General. The Attorney General was satisfied it was not a "yes" or "no" answer. In the civil court it is a matter between two individuals, one individual perhaps being an insurance company and the other individual making the claim. The Oireachtas does not intervene there. The issue is about trying to get the Judiciary to adhere to the book of...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: That is correct.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: That is why we have asked the Law Reform Commission to take on this matter. People have a constitutional right to access courts.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: As a result, to date we do not think the Oireachtas has the right to do so. If the Law Reform Commission takes on this body of work, the process will be fed into by consultation. Following that consultation, perhaps the commission can come back to us with a clearer position on the matter. As of now, the Oireachtas probably cannot do so.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Update on Insurance Matters and Implementation of the Report on the Cost of Motor Insurance: Discussion (29 May 2018)

Michael D'Arcy: Yes.