Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I want to touch on the insurance side of the Bill. I described the insurance section as a small corner of the Bill, which it is, but we cannot ignore the importance of that corner for businesses throughout the country. I thank the Seanad for its speed and flexibility on Committee and Report Stages. There are a few areas I want to touch upon but I do not have the time to highlight the good work done on this crucial aspect of the Bill. We have to get this through the Dáil before the summer recess so the Judiciary can form the judicial council and the committee to deal with personal injury damages and move on to the next stage. A lot of work has been done that has gone completely without comment. Senator Reilly has highlighted the fact that if a judge moves beyond the guidelines for something he or she has always requested, because it is now in legislation, there will have to be an explanation given to the court explaining the who, what, when, where and how it has been arrived at. This is very important.

On many occasions, people have stood up and said there has not been a Garda insurance fraud section, but that is incorrect. We considered the establishment of an industry-funded structure within the Garda National Economic Crime Bureau. The Garda Commissioner, Drew Harris, who is the man with knowledge and policing skill sets that I do not have, has decided to establish a divisional structure. On every occasion that we hear somebody state we are not going to have a Garda insurance fraud section, it is not correct. We will, but it will be on a divisional basis. It will be in every county, quarter and area of the country, which is very important.

A number of other things have been done. We had last year's Insurance (Amendment) Act, the Personal Injuries Assessment Board (Amendment) Act 2019, the Central Bank (National Claims Information Database) Act 2018 and this Bill. Deputy Michael McGrath has a Bill as does Deputy Pearse Doherty that we are hoping to improve. This Bill, of course, is crucial. One of the aspects added to the Central Bank (National Claims Information Database) Act last year was in sections 8 and 14 with regard to CCTV footage. Under data protection rules, if somebody does not state within a month, in line with the data protection period, that there is a potential case and that he or she is making a claim, so that any CCTV footage or video footage can be retained for a full and proper defence, at that point the court will make an inference for or against. This is a crucial aspect of legislation that has also been changed. On every occasion somebody is being political about insurance and stating we are doing nothing, they are aiding and abetting insurance fraud and exaggeration because we are doing a lot. The message must get out that we are doing a lot and we have done a lot. I thank Senators on this matter. I thank their speed and efficiency. I hope and anticipate the Judiciary will do its work a lot sooner than the periods set out in the Bill.