Vincent P Martin (Green Party) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit go dtí an Teach. On behalf of the Green Party, I am delighted to support this Bill. It is wonderful to see a collaborative approach. It is not unprecedented in this Chamber, but it is something we cherish. I am a huge believer in co-operation and collaboration. The Green Party-Comhaontas Glas would like to support this legislative initiative and commends Senator Ardagh and all those who are supporters and sponsors of it and have demonstrated resilient focus. They have at the centre a caring disposition in terms of this legislation and wish to make our country, in this one instance, a better place. One may think this one instance is a small thing, but for others it is a life-changing chapter that can go either way. At present, there is a lack of humanity. Insurance companies have been getting it too easy for too long. This is a step back where this legislative Chamber is saying, "Enough, this is something we can do." We take the party politics out of it and we can try to drive this through and become a centre of excellence for fairness and humanity, a beacon of light for all of Europe. They will look to Ireland where we embrace people who have survived. As Senator Buttimer said, we all have been affected by cancer in our families, friends and neighbours. My parents passed away from cancer; both unfortunately lost their lives to cancer, oesophageal and pancreatic cancer. For those who survive, to put an obstacle in the way of making a new start seems wrong. There has to be a way forward. The whole purpose of the legislative journey is to road test, test things and improve them. In her detailed opening speech, Senator Ardagh did not claim that this is a perfect Bill; that is the whole purpose of the constructive critique it receives.

There is much we can do in this realm. I am conscious of, for instance, the common law defence of inevitable accident where the person, for example, behind a mechanically-propelled vehicle instantly and tragically dies and that vehicle goes out of control and may do damage to pedestrians. There is then a civil action, but negligence cannot be identified. In such instances, insurance companies quickly lawyer up with the best lawyers. Over 20 years ago, a young High Court judge, Mr. Justice Frank Clarke, said that his hands were tied due to the ancient common law defence of inevitable accident, where you cannot identify the negligence. He put down in his obiter dictum; it is up to the Oireachtas to change the policy direction. That is another small brick I am currently researching, to see if there is a way of bringing a Bill to the House not to necessarily abolish the common law defence of inevitable accident, but to dilute it, at the very least.

Another area, though not in the same important league, is in cases of accidents where a person is sued and the insurance company takes control of the case and can run the case whatever way it wants. I am sure they do it to their best professional ability, but the insured, the defendant named in the proceedings, has no hand, act or part and under current law is not even told about it. He or she learns about it in the newspaper - it could be several years later - for the first time. That should not be an act of courtesy, that should be tied into the insurance contract, to inform the so-called defendant in court proceedings that the matter is before the courts.

Overall, I would say to my fellow Senators, led ably by Senators Ardagh and Buttimer and others, that this is a good day for the Seanad. There will be a few bumps along the road, but if we stay resilient and take a leaf out of Senator Ardagh's book, our collective force and strength is greater than any one individual legislator's strength. With strong resilience we will do our utmost to push this over the line in both Houses, where we will bring it home in the lifetime of this Government. That would be real progress and something I would be proud to be associated with.