Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank the Senator for the amendment. Section 5 of the Bill will allow vehicle insurers to access certain information such as endorsements on individual licence records. This replaces similar provisions in the 2010 Act which turned out to have been poorly drafted and in need of revision.

Senator Quinn has proposed two amendments to section 5. The first would limit access by insurers to data from the three previous years while the second would provide a right on behalf of the driver to know that the information has been accessed by the insurer. I have looked at both these proposals with interest and in my view they have merit. I am inclined to agree in principle with the suggestion that access to insurance records would go back only three years, as this is the time frame within which penalty points count down. It is a logical cut off point and it seems there is no reason for details beyond that limit to be made available to insurance companies. However, I want some more time to consider the implications and in particular whether there would be any consequences or legal implications for similar situations. I would prefer, therefore, to consider this amendment in the context of the next road traffic Bill which will come later this year or early next year.

On the question of the records relating to the individual's licence, I agree it is reasonable that individuals should know that their records have been accessed by an insurance company. Under the proposal in the Bill, vehicle insurers seeking to access information relating to endorsements on a driver's record will have to reach a service level agreement with my Department specifying the terms and conditions under which they will have access to these records. These terms will specify the conditions under which the information is provided and the way in which it can be used. Therefore, on foot of the Senator's suggestion, I propose in these service level agreements to limit any information to records going back three years. This will be written into the service level agreement.

As this will be written into the service-level agreement, the aim of the amendment is achieved by this proposal. The insurer will be required to inform its customer that the records have been checked and therefore the cost of the administrative burden will fall on the insurer.

I ask the Senator to withdraw the amendment on the basis that we will incorporate both requirements in the service-level agreements to be agreed with the insurers. Should it not prove to work on this basis, we can give it legislative force in the next Bill.