Seanad debates

Wednesday, 19 December 2012

Equal Status (Amendment) Bill 2012: Second Stage

 

1:45 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Tá Sinn Féin i bhfábhar an Bille seo mar gur athrú teicniúil atá i gceist go bunúsach agus go bhfuil sé ag teacht, mar a dúradh, leis an rialú atá déanta ag an gCúirt Eorpach.

With regard to insurance, we should consider the role of statistical evidence about risk factors when the price of insurance is being determined. Insurance premiums are based on risk factors. In general, women receive lower premiums as there is a lower risk attached to women drivers. Geographical location is a further risk assessment factor. Insurance costs are much higher in some parts of this country than in others because a higher proportion of road traffic accidents take place in such locations. There is for and against this. I feel this policy can be quite punitive for some areas, but it is the reality.

We have concerns that the legislation will not result in lower insurance premiums for male drivers, but higher premiums for female drivers, as has been highlighted. I note the Minister of State has alluded to the organisations that will look at this. Is she happy the safeguards she has outlined will be sufficient. If not, are there any steps the Government and the Department of Transport intend to take to ensure this does not transpire and that insurance companies do not take unfair advantage of this legislation? This is pertinent when we consider what happened with the Bank of Ireland and credit cards. We have seen much good will with regard to legislation passed in these Houses, where the banks and other institutions are supposed to do what they are told, but when it comes to the crunch that does not happen and the consumers end up paying. I fear the same will happen with the insurance companies. Despite all our good will and good intentions, insurance companies are there to make a profit, and they will do that. I call on insurance companies to behave responsibly and to incentivise good driving. Insurance companies in Britain offer discounts for young driver and safe driver schemes, through which premiums are reduced for both genders where there is a demonstrable record of safety over a period of time. I hope insurance companies here will do the same.

I also take this opportunity to note recent commentary on the equal status Acts. The Ombudsman, Emily O'Reilly, came before the Public Service Oversight and Petitions Committee recently, where she outlined a report she has laid before the Houses that shows the Minister for Health is blatantly in disregard of the equal status Acts. I am concerned that if the Minister shows disregard for the equal status Acts, we can hardly expect insurance companies to take them seriously. Will the Minister of State bring this issue to her Minister and will she tell us how she feels about the Ombudsman's report and what she had to say on these matters? The Ombudsman said she could not imagine that a parliament would find this behaviour acceptable as implicit in the Minister's position, she was speaking about the Minister for Health, was an expectation that the public generally, and Oireachtas Members more specifically, would agree that his rejection of her recommendations was rational and reasonable. She went on to say that on this approach, the law is optional and not binding. We can decide when it suits us to obey the law and can disregard it where it is troublesome or inconvenient to abide by it. I concur with her on that.

I would welcome the Minister of State's comment on this. We need equal status and must ensure people are not discriminated against on a gender basis. However, when it comes to legislation, we need the Government and Ministers to act as they would have others act. They must respect Acts like the Equal Status Act. The insurance companies should toe the line and the Government should hold them to account.

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