Anthony Lawlor (Fine Gael) | Oireachtas source

I thank all the speakers who took part in this debate. It was very healthy. With regard to those who state my reasons for introducing this Bill are populist, insurance costs affect everyone, from young people trying to get insured for the first time to those who have been in business for many years. I tried to identify the areas in which we could have an impact regarding insurance costs. I have identified five and have mentioned them all. Included are levies, awards, fraudulent claims, and the profits of insurance companies. These have been highlighted today. I raised the issue of awards. It has been proven that awards in this State are way out of sync with those of our near neighbours. That makes our business uncompetitive. When this occurs, there is a risk of job losses. Senators have identified today businesses that are struggling owing to insurance costs. My objective was to examine an area of the insurance sector as a whole that we could address through legislation.I hear what the Minister said with regard to constitutionality and the changes that may have to be made. I will certainly have discussions with him and the Attorney General regarding what changes can be made to the Bill.

I wish to refer to the points made by certain Senators. The Bill is not targeted at the Judiciary. Rather, it is an approach whereby we can look at the overall way in which we can reduce the insurance costs for people across the board. Some Members may think it is specifically targeted at the Judiciary but that is not the case. Ministers have highlighted other areas in need of reform, such as the profitability of insurance companies and ensuring that any excess profits are passed on in the form of premium reductions for their customers.

The book of quantum deals with historical awards made by the courts. This issue does not stem from a problem with the book of quantum. The problem is that the courts are making awards which are too high and the book of quantum must reflect that because if it did not, people would not use PIAB but, rather, go straight to the courts. The objective of PIAB was to reduce the amount of time being spent by the courts on making awards.

Senator Marie-Louise O'Donnell raised a couple of issues to which I wish to refer. I stated that the objective of the Bill is to look at an area regarding the costs of insurance premiums. I identified five areas of interest and the Bill focuses on one of them. I referred to the others in my opening address.

It is Government policy to try to reduce the cost of insurance. It is addressing that through the working group on the cost of insurance and bringing forward the recommendations of the Personal Injuries Commission. I look forward to engaging on those recommendations.

This Bill aims to support judges such that there can be consistency in awards. It is not about trying to remove the high end awards that are currently made; it aims to ensure that judges can make appropriate awards for the various injuries that come before the courts.

On the Judicial Council Bill, it is coming forward but it has been stalled for a number of years. This Bill may have a role in trying to speed up its passage.

On the issue of why judges may not assess a maximum level for damages under the Bill, in 1984 the Supreme Court introduced a cap of IR£150,000 on general damages in Sinnott v. Quinnsworth, thereby limiting judges' discretion in that regard.

I have no doubt that we will have further discussions on the various changes required to the Bill before it moves to Committee Stage. Its overall thrust is an attempt to reduce the cost of insurance for the ordinary person. I identified an area within that which needs to be changed. I am delighted that there is widespread support for the Bill in the House.