Seanad debates

Wednesday, 5 November 2003

Insurance Industry Reform: Motion.

 

10:30 am

Fergal Browne (Fine Gael)

I do not believe it is fair to say the Opposition is against the Government on this issue. I believe we are all in favour of it. However, we are concerned about certain aspects of it. That is our job in the Opposition. We are concerned at the perceived slow pace of progress in this area. It is welcome news to hear the Tánaiste intends to publish the Bill early this month. However, there is still no guarantee that it will get through both Houses. As Senators know, Bills are not coming through because there is a massive logjam in the other House. Even if the Bill comes through this House next week or in two weeks time, there could be a massive delay in the Dáil. Even if it goes through there will be a period of time after the board comes into operation when it will not be able to process claims. I admire Senator Minihan for having the foresight to be able to predict how the PIAB will perform, because there is a danger that it could create another layer of bureaucracy. I do not think it will, but we will not know until it is set up.

There is a real danger, in effect, that if people do not accept out of court settlements, they will go to court. Then, instead of court cases being shortened, they will be lengthened. Unfortunately we will not know that until such time as the board is set up. That is why the Opposition is frustrated, because we feel the Government is moving far too slowly. It is worth reminding some of the Members opposite that this report came out in April last year, nearly a year and a half ago. They are still talking about bringing in legislation. This side of the House will certainly support the Government if it brings forward legislation, as planned, but the sooner the better.

Young people are being crippled with insurance premiums. They are also being forced to drive substandard cars. Instead of putting money into a half decent car with air bags and seatbelts in the back, they are being forced to downgrade their vehicles and pay the money towards insurance, putting their own and other lives at risk. We cannot talk about competition in the market until we introduce reform and until such time as we allow fixed costs for different injuries and cases are speeded up instead of taking the normal three years. I am a party at the moment to litigation involving a car crash. Three years on no progress has been made. It is very frustrating both for me and the other person involved.

The news that Eagle Star is considering leaving this very small market is worrying. It means we will have four insurance companies instead of five, which would be devastating. Consumers feel very frustrated. A constituent of mine was extremely upset the other day when his wife, who had stopped her car at a junction, crashed on taking off into the back of the car in front. She was literally going at no more than five miles per hour, because both cars had been stopped at the time and were just taking off. My constituent discovered the insurance company had settled up with the lady in question in the other car and had paid out nearly €12,000 in a so-called whiplash compensation claim, which defied all belief. The solicitor in that case got €3,000.

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