Results 14,821-14,840 of 36,321 for speaker:Pearse Doherty

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: Amendment No. 6, which draws on existing legislative provisions, states:"risk in the State" in relation to risk under an insurance policy, means a risk that is not an excluded risk and that is— [...] (c) a risk relating to travel or holidays where the policy holder took out the policy in the State".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: We are dealing with the group of linked amendments. There is no point in changing the criteria without including the definition relating to them. It would obviously be necessary to delete section 5 because then there would be criteria for something that does not exist and, as a result, amendment No. 6 would have to be accepted.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: Which ones would be excluded? We have established that travel insurance would not be excluded because what is the risk to the State is explicitly outlined.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: We tabled a number of amendments to improve the Bill; no ideological issue is involved. I have outlined what I need in a note to be furnished before Report Stage. My intention is to revisit this and press the amendments. I feel strongly about it but I want to give the officials a-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: That works both ways. When Members of the Oireachtas prescribe something, it needs to be captured. When we do not prescribe something, it does not need to be captured.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: Are amendments Nos. 3 and 7 relevant to this section?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 3:In page 4, line 7, after “insurance business” to insert the following:“including but not limited to: (a) management expenses, including all general and administrative expenditure; (b) commissions, including amounts payable to brokers, payable to reinsurance brokers, as well as any other sundry commissions paid (including fronting fees); and (c)...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: On amendment No. 7, what section of the Act already covers the two subsections I want to include?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I will come back to what the Minister of State has said on that issue. On being prescriptive, the reality is that insurance companies are not to be trusted. They are under investigation for engaging in cartel-like activities and were raided by European authorities. I have no qualms in saying they are ripping people off. I received an email late last night from a person who was being...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I will withdraw it, but I may resubmit it on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 4:In page 4, line 13, after “counsel” to insert “by either the claimant or the insurance undertaking or by both”. Again, this amendment attempts to capture what happens informally back and forth that may lead to settlements not being recorded. The current definition of "direct negotiation" in subsection (4) is very limited. It is more a...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: The definition cannot be changed by regulation. The definition can only be changed by the approval of the Houses of the Oireachtas. The definition in this case has direct negotiation as including in whole or in part the services of a solicitor or counsel. I appeal to the Minister of State to reflect on this. The amendment does not take away from the provision unless I am unaware of some...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: That is not what the Bill states. I appreciate that that is the intention of the Minister of State but we have to look at what is stated in the legislation. The provision does not refer to all negotiations. It refers to negotiations involving in whole or in part the services of a solicitor or counsel.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: Where? That is not in the text. It does not say that in the legislation.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: We know what direct negotiation is but when we are drafting law we put in the words "direct negotiations" and then we define the term for the purposes of the Bill. For the purpose of the Bill, direct negotiations, as the Minister of State has outlined it, is not what is stated in the Bill. It is not stipulated in the Bill that what he has referred to is what direct negotiations involve. It...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I am not satisfied with that answer. I tabled the amendment because I wanted to hear what the Minister of State and his officials had to say. I think that is rather loose and it does not appear to be what is in the legislation. Having said that, I will withdraw the amendment and then we can review it.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: Amendment No. 8 relates to mediation. The point is similar to the point I was making with amendment No. 4. It relates to the Mediation Act. I wish to reflect on the Long Title and what it tells us about the purpose of it. It refers to an Act "to facilitate the settlement of disputes by mediation, to specify the principles applicable to mediation, to specify arrangements for mediation as...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I appreciate that.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 5:In page 4, to delete lines 16 to 18. We discussed this already. I will withdraw the amendment and will consider bringing it forward on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (National Claims Information Database) Bill 2018: Committee Stage (29 Nov 2018)

Pearse Doherty: I move amendment No. 6:In page 4, between lines 36 and 37, to insert the following: “ “risk in the State” in relation to risk under an insurance policy, means a risk that is not an excluded risk and that is—(a) a risk relating to a building in the State or, if a building and its contents are covered by the same insurance policy, to the building in the State and...