Written answers
Thursday, 13 December 2007
Department of Transport
Insurance Industry
5:00 pm
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 128: To ask the Minister for Transport which of the 21 recommendations of the first report of the Motor Insurance Advisory Board 2002 have not been fully implemented; and the progress of each. [34674/07]
Noel Dempsey (Meath West, Fianna Fail)
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There are now 18 MIAB Recommendations not fully implemented. Three recommendations, Numbers 34, 37 and 61 relate to my own Department and an up-date is set out below in this regard. Responsibility for implementing the other fifteen is divided between five other Government Departments, IFRSA and the Competition Authority. A table sets out the relevant recommendation numbers and the responsible authority.
| Table 1 | |||||||
| Dept./Agency | Transport | Justice Equality and Law reform | Finance | Enterprise Trade and Employment | Health and Children | IFSRA | Competition Authority |
| Ref. Nos | 34 | 3 | 58 | 20 | 45 | 5 | 41 |
| 37 | 40 | 30 | 6 | ||||
| 61 | 49 | 31 | |||||
| 50 | |||||||
| 51 | |||||||
| 52 | |||||||
| 54 |
| MIAB RECOMMENDATIONS | ||||
| Recommendations Relating To Department Of Transport | ||||
| No. | Issues Addressed | Recommendation | Progress to date | Future plans/target date for implementation |
| 34 | Insuring the Vehicle rather than the use of the Vehicle. Study needed to see if this would reduce premiums. | That detailed consideration be given to amending the Road Traffic Acts to require insurance on the vehicle, as in mainland Europe, rather than allowing claims to be declined on the basis of the driver's use but with appropriate measures to address the rights of insurers where premiums have been underpaid. | Implementation would involve fundamental changes in the arrangements for motor insurance, in Ireland. The complex risk assessment, civil liability issues and potential costs and advantages of implementation will have to be evaluated before coming to a decision. A UK preliminary study on 'Uninsured Driving in the United Kingdom' published in June 2004 has recommended that insurance of the individual driver rather than insurance of the vehicle should continue to be the basis for third party liability cover in the UK. | |
| 37 | Road Traffic Act to be amended, in line with EU Directives on harmonisation, to protect victims of defectively insured vehicles;Better clarification on insurance certs. | That the Road Traffic Acts, and other relevant legislation, be amended to fully adopt the Articles of the various EU Directives on harmonisation of compulsory motor insurance so as to clearly uphold the rights of victims under European law in accidents involving uninsured, untraced, defectively uninsured or allegedly defectively insured vehicles or drivers and that the prescribed content of insurance certificates be reviewed for clarity of communication with the addition of wording highlighting that the rights of Third Parties are not affected by cover limitations in the policy document. | The transposition of the 5th Motor Insurance Directive which is currently being drafted, includes a review of the transposition of the previous four motor insurance Directives and clarifies the issues referred to in the Recommendation. | |
| 61 | Access of insurers to National Driver File, after introduction of penalty points. | That following introduction of the penalty points system, and subject to the provisions of data protection legislation, insurers be permitted access to relevant information on the national driver file under provisions similar to Section 28 of the Road Traffic Act, 1994. | The National Driver File is now held by the Minister for Transport who must make regulations to allow access to the records to persons other than those specified in that section. | As part of the implementation of the 5th EU Directive a database is currently being considered which will give insurers access to up to date information on drivers and vehicles and also insurance particulars, subject to data protection issues. |
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 129: To ask the Minister for Transport if, when a motorist is refused a quote for motor insurance or if the quote is considered to be so exorbitant as being tantamount to a refusal, the insurance company is obliged to inform that driver of the declined cases agreement. [34675/07]
Noel Dempsey (Meath West, Fianna Fail)
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There is no obligation but it is the practice of motor insurance companies when refusing to provide cover whether by phone or letter to inform the customer who is being refused insurance that they may contact Insurance Information Services in the Irish Insurance Federation that operates the Declined Cases Agreement.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 130: To ask the Minister for Transport if he has statistics regarding the take-up of the declined cases agreement operated by the Irish Insurance Federation. [34676/07]
Noel Dempsey (Meath West, Fianna Fail)
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I am informed by the Irish Insurance Federation that the statistics regarding the take–up of the Declined Cases Agreement are as follows:
| Year | Total |
| 1997 | 306 |
| 1998 | 297 |
| 1999 | 329 |
| 2000 | 328 |
| 2001 | 478 |
| 2002 | 393 |
| 2003 | 379 |
| 2004 | 310 |
| 2005 | 246 |
| 2006 | 152 |
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