Written answers

Tuesday, 24 May 2016

Department of Justice and Equality

Insurance Industry

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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72. To ask the Minister for Justice and Equality if she has considered the actions of insurers since the passing of the spent convictions legislation; if it will continue to be acceptable for insurers to seek information regarding previous motoring offences; and if she will make a statement on the matter. [11305/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 provides that convictions that are eligible to be spent no longer have to be declared. Under the Act, where a person is asked a question seeking information in relation to the person's past convictions or the circumstances ancillary to them, that question shall be understood as not applying to a conviction that is spent and the person may reply accordingly.The convicted person will not be penalised in law or incur any liability for failing to disclose a spent conviction.

A specific limitation applies, however, where a person has a conviction for fraud or deceit or dishonesty in respect of a claim under a policy of insurance. In this circumstance the person is not excused from disclosing such a conviction on an insurance proposal form.

The following convictions which are more than 7 years old are now regarded as spent:

All convictions in the District Court for motoring offences, with the proviso that spent convictions for dangerous driving are limited to a single conviction.

All convictions in the District Court for minor public order offences.

In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction is also spent after 7 years. This can be a District Court or Circuit Court conviction.

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