Arthur Morgan (Louth, Sinn Fein)
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Question 767: To ask the Minister for Transport if the State has fully implemented all directives from the European Union in respect of motor insurance; if it is correct that a failure to fully transpose directives in respect of this matter has meant that certain Irish accident victims are not able to claim the same entitlements as victims in other European states where an uninsured driver is involved in the accident; and if he will make a statement on the matter. [24396/05]

Ivor Callely (Dublin North Central, Fianna Fail)
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Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of member states with regard to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability was implemented by SI 178/1975. The second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the member states with regard to insurance against civil liability in respect of the use of motor vehicles was implemented by SI 321/1987 and by SI 463/2001. The third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the member states with regard to insurance against civil liability in respect of the use of motor vehicles was implemented by SI 347/1992.

Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the member states with regard to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC, the fourth motor insurance directive, was implemented by SI 651/2003.

Preparations are in place for the implementation of the fifth motor insurance directive, Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council with regard to insurance against civil liability in respect of the use of motor vehicles, in advance of the transposition deadline of 11 June 2007.

Arising out of the implementation of the second directive the European Commission issued a reasoned opinion in respect of one aspect of Ireland's approach to the directive, concerned with compensation where drivers are uninsured. The High Court also referred to the European Court of Justice a question concerned with the interpretation of the third motor insurance directive. My Department will await the outcome of due process in both cases and will take any remedial steps that may be necessary on foot of the outcome in each case.