Seanad debates

Thursday, 28 March 2019

Civil Liability (Capping of General Damages Bill) 2019: Second Stage

 

10:30 am

Photo of Gerry HorkanGerry Horkan (Fianna Fail) | Oireachtas source

I am not here to speak on behalf of any of my colleagues, including my party colleague who has spoken, but to put a number of matters on the record, including the fact that Fianna Fáil will support the legislation moving to the next Stage. My party supports the objectives of the Bill, of which I am especially conscious as Vice Chairman of the Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach. The committee spent weeks dealing with motor insurance and, subsequently, employer liability and invited in representatives of vintners, restaurant owners and various other groups, including the Alliance for Insurance Reform, who outlined many of the problems raised by previous speakers. While I was not present for the earlier part of the debate, I watched proceedings in my office and missed only a small part as my made my way to the Chamber.

This is a useful debate but there is a concern, particularly in my party, that the legislation may not be permissible under the Constitution. I ask the Minister to indicate if that is case and whether the Attorney General has examined the Bill. If the Attorney General has not done so, perhaps he should before we spend more time on it.

I note Committee Stage of the Judicial Council Bill 2017 is scheduled to be taken in the House next week. This is a very positive and long overdue development. I am not speaking as a solicitor and I acknowledge that some members of the legal profession blame the insurance industry, while the insurance industry tends to blame the legal profession. The joint committee engaged in an awful lot of toing and froing on this issue which it discussed for weeks. It also published a very good report on motor insurance towards the end of 2016, which is well worth reading. I recommend it to Senator Lawlor who was not a Member of the House at the time. Some of the report's recommendations were similar to those in the report of the cost of insurance working group.

As I am also addressing the Minister, I will wait for Senator Mullen to-----

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