Seanad debates

Thursday, 28 March 2019

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

 

10:30 am

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein) | Oireachtas source

I thank Senator Lawlor for bringing this Bill before the House but would argue that there are lots of limitations around it. When one looks at the insurance industry here one sees protectionism and a fundamental lack of transparency. The figures for car insurance do not add up. On 19 October last, the Government announced the abandonment of its plan to establish a claims register of injury compensation cases. We need such a claim by claim register if we are to be able to argue the facts properly. One of the challenges when analysing the motor insurance market here is the lack of hard facts and the paucity of published data. This was highlighted by the former chairperson of the Motor Insurance Advisory Board, Ms Dorothea Dowling, who has done an enormous amount to tackle problems with the insurance sector. She said that at a headline level, the annual premium income for insurers on motor and liability is around €2.3 billion. However, only €276 million in compensation can be accounted for in 2017. This is a data black hole of approximately €2 billion every year. That is why we need a claim by claim register, separate from the proposed fraud register. Having such a register would add considerably to the transparency of the insurance sector. Until we get that transparency and stand up to an industry that is holding policyholders to ransom, we will not really tackle the problem.

According to CSO figures, insurance costs have dropped by around 23% but when I conducted my own survey, I found that not to be the case. I am not just talking here about anecdotal evidence. I received hundreds of replies, all of which showed that insurance costs continue to increase. We cannot rest on our laurels on the basis of figures from the CSO telling us that insurance costs are falling. We know that we need to implement the 67 recommendations of the Motor Insurance Advisory Board's report. We also need to see a change in the corporate culture of the financial services sector. We need to consider the role of the Central Bank in protecting consumers. A separate financial conduct authority, as is the case in the UK, would certainly help the situation here.We also need to know the outcome of the 2017 EU anti-trust investigation into the insurance industry. It is impossible to find the hard evidence until we do. I call on the Competition and Consumer Protection Commission to be active on the 2016 investigation in which price signalling by the insurers was identified. Insurance continues to be a huge problem not only for the motor industry but throughout the sector.

Another issue I am concerned about is Brexit and the number of people with insurance who are receiving letters. In one case, the owners of a pet farm who travel to various festivals were paying €700 for insurance from an English company but in recent weeks they received a letter telling them to look for insurance somewhere else. They cannot get insurance somewhere else. This is a small off-farm enterprise that will be shut down because insurance is not available.

We need to tackle this collectively but the Government needs to stand up to the insurance industry. The Acting Chairman knows from attending all of the hearings of the Committee on Finance, Public Expenditure and Reform, and Taoiseach that it all comes down to a lack of transparency and data. From the outset we identified there are black holes in the insurance industry. The industry knows that without having the raw data we need, we will not be able to tackle this in a meaningful way. It has the headline that it wants us to look here, there and everywhere except within the rottenness of the insurance industry that is making millions on the backs of people who cannot afford it. I welcome the Bill but we have a huge amount of work to do on the insurance industry and it needs to start with truth and transparency.

Comments

No comments

Log in or join to post a public comment.