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Dáil Éireann debate -
Wednesday, 12 Aug 1936

Vol. 63 No. 19

Committee on Finance. - Insurance Bill, 1935—Report Stage.

I move amendment No. 1:—

In page 8, line 24, Section 3, to delete the word "have formed themselves into" and substitute the word "be."

This is an amendment to meet the point raised by Deputy Costello that the wording of the definition of the word "syndicate" was inconsistent with paragraph (a), sub-section (14) of Section 12. The purpose of the amendment is to make it clear that such of Lloyd's syndicates as were doing business here on 31st October, 1935, may be licensed to continue to carry on their business.

If the Minister is satisfied that the point raised by Deputy Costello is met by this amendment, I am satisfied.

Amendment agreed to.

I move amendment No. 2:—

In page 31, line 16, Section 51 (1), immediately before the word "it" to insert the words and figures "as extended by the Life Insurance (Ireland) Act, 1866."

Deputy Costello also raised a point as to whether the Life Insurance Act, 1774, applied to this country. The amendment is put forward to remove any doubt there may be on this point.

It being perfectly clear that the Insurance Act, 1774, was not carried over in the Adaptation of Enactments Act.

There is a subsequent Act also which carries it over.

Amendment agreed to.

I move amendment No. 3:—

In page 43, line 25, Section 72 (2), to delete the word "validity" and substitute the word "legality."

This amendment is to meet another point raised by Deputy Costello. He urged that the word "validity" should be replaced by the word "legality." Having carefully examined the question, it appears that the word "legality" is to be preferred, in order to bring within the scope of the sub-section the wider range of cases with which it is intended to deal.

Amendment agreed to.
Question proposed: "That the Bill as now amended be received for final consideration."

There is just one point which I should like to put to the Minisster, in connection with Section 94, page 50, line 4: "if such policy, bond, certificate, or other instrument of insurance is issued." I should like to ask the Minister what is his definition of "is issued." There seems to be considerable doubt as to the stage at which a policy is issued, and I should like the Minister to state now whether, for instance, it is when the policy is made out, or when it is signed by the secretary and directors, or when it is posted to the agents, or when the policy-holder receives it. In other words, it is considered that there ought to be a definition of "is issued."

The purpose of the section is to require that policies shall be delivered to the policy-holders from the company's offices in Saorstát Eireann or by their representatives here, and not from offices outside the country. It is sufficient then, for this country, to require that the policies should be issued here. It is not contemplated or proposed to put foreign offices under the obligation to have policies executed or signed in this country. The matter has been gone into very fully, and we consider that it is advisable that policies should be issued here.

The Minister, I think, has carefully avoided saying what "is issued" means.

I have explained what it means in my opinion—that the policy shall be delivered to the policy-holder.

Is the Minister satisfied in his mind that the courts of this country will hold that delivery of a policy to a policy-holder constitutes "issue" within the meaning of the law? The Minister requires that every policy which is issued after the commencement of this Part of this Act to a person ordinarily resident in Saorstát Eireann shall, if such policy, bond, certificate, or other instrument of insurance is issued in the course of and as part of the carrying on in Saorstát Eireann of assurance business, be issued in Saorstát Eireann. The Minister says he means that it shall be legitimate for the British companies to draft their policy, to fill it in and sign it in Great Britain, then to post it to their branch office in Dublin, and that the branch office will then issue it to the policy-holder. That is the Minister's understanding of the word "issue." But the courts may very well hold that the operation of issuing a policy is the reception of the proposal and the act of acceptance. It is to be borne in mind that the issuance of a policy is the acknowledgment of a contract of indemnity between the insured person and the insurance company. I think I am right in saying that from the moment when the proposal reaches the insurance company, and an authorised officer of that company signifies his acceptance of the risk, the insured party is covered against the risk referred to in the terms of the policy. If that be so, surely that constitutes issuance of a policy. Or does it?

If that alone does not constitute issuance of a policy, is it not an integral part of the issue of a policy—first the acceptance of the risk, then the committal of the risk to writing, the committal of the terms of the contract of indemnity to writing, and lastly, the furnishing of a copy of the terms of the contract to the insured party? All those elements enter into the operation of issuing a policy of insurance. If the Minister intends no more than that policies of insurance shall not be posted direct from London to the insured party, why not draft the section to say so?

We are not proposing to go further than we have gone. We have gone into the matter very carefully. I have definitely stated that it is not the intention to compel companies to have policies executed or signed in this country, but if they wish to do so they may. We recognise that it would be unreasonable to demand that they should do so in all cases. We think that we are justified in asking that they should issue them here. The matter has been gone into closely in the Departments concerned, and I am satisfied that the intention is covered by the section as it stands. It was gone into again after the Recommittal Stage, and we are still of opinion that the object which it is sought to achieve is adequately covered by the present wording of the section.

Question put and agreed to.
Question proposed: "That the Bill do now pass."

Before the Bill finally passes the House I think it appropriate to make some general observations regarding its character. It was recently stated by the president of an important insurance body that insurance was almost of the character of a public utility. I think it will be generally conceded that there is scarcely any type of business in which the public is more seriously concerned, or in respect of which it is more important that it should be properly carried on, than insurance business. The necessity for State regulation has been admitted even where the business has been carried on with proper security behind it; where it has been managed with skill and ability, and where little fault can be found in its organisation and management from the purely commercial point of view. The many Insurance Acts on the Statute Book testify to this need, and I think we can all agree that the general effect of this legislation has been beneficial to the industry as well as to the policy-holder. The present Bill marks a further advance. I think we can congratulate ourselves when it becomes law in having enacted a measure which will undoubtedly strengthen the business of insurance in this country. It will, in my view, be of national advantage in that it will greatly aid our native companies in attaining that high degree of stability and security which we are all anxious they should attain. We are anxious that they should attain a position of unquestioned stability in the shortest possible time. I am confident that this aim will be achieved within a comparatively short period once the present Bill is in operation, and that as time goes on our native companies will consolidate their position and will be in a position to secure a continually increasing moiety of Saorstát insurance business. I hope that the companies will accept the new position with a good will, that they will realise that it has been the Government's desire to assist them by every means possible, and that furthermore, they will take all necessary steps to ensure that from this time forward our native insurance business will be placed on a proper basis. The serious problems that now face the Saorstát companies can be got over if they are faced in a practical and resolute spirit, and once they are dealt with, there is no reason why our native companies should not have a secure future before them. We are taking steps to promote the extension of native insurance by prohibiting the entry of any further foreign insurance companies into the Saorstát.

There being about 50 already.

Powers are also being taken under this Bill to set up a reinsurance company so as to secure the transfer of a portion of the general insurance at present in the hands of foreign companies to Saorstát companies. Already the Government's proposals in this regard have borne fruit and a pooling arrangement has been made between the British Tariff Offices and the Irish Tariff Offices, the effect of which will be to secure a substantial income by way of reinsurance premiums to the Saorstát Tariff Offices. It has been agreed that so long as the pooling scheme is operating to the Minister's satisfaction Part VI of the Act should not be put into force.

The problem of industrial assurance in the Saorstát presented many difficulties. The provisions in this Bill will certainly aid very considerably to a solution of the existing problems in this branch of insurance business. As a first step machinery is being set up to facilitate the amalgamation of the existing Saorstát industrial offices and furthermore to provide that should an amalgamation take place substantial State contribution shall be provided by way of shareholding to meet the deficiencies on valuation. Although the amalgamation provisions cannot be imposed on any of the Saorstát companies I am very hopeful that there will emerge in due course one substantial industrial assurance comany in this country. In any reorganisation of industrial assurance that may take place steps must be taken to secure that the deficiencies which have arisen in the past—and which must be met with the aid of State funds—must not be permitted to arise in the future. Moreover, it is in our opinion, essential in the interests of the policy-holders, that industrial assurance should be operated in the most efficient manner; and it can scarcely be disputed that one properly organised and equipped unit should be adequate to deal with all the industrial assurance business arising in the Saorstát, with the minimum cost to the policy-holder and to the State. During the discussion on the Second Recommittal Stage Deputy Dillon put forward what was, in his opinion, a workable basis on which the amalgamation of the Irish industrial offices could be brought about. I have no doubt the companies concerned will explore fully Deputy Dillon's proposals and I can give an assurance that when amalgamation schemes come before the Minister for consideration the views of the Deputy will be borne in mind.

Apart from dealing with the special problems of the Saorstát industrial assurance offices, provisions are incorporated in the Bill which govern the whole field of industrial assurance. These provisions follow generally the British Industrial Assurance Act, 1923, which, I am informed, has been operating in a satisfactory way for some time. There are, of course, some important modifications of that Act to meet our particular problems here. I am satisfied that these provisions will lead to increased efficiency in industrial assurance while constituting valuable safeguards for the insuring public.

The principle of separating life and industrial assurance from all other classes of assurance business for the future which is a feature of the Bill, has led to a certain amount of criticism. I am quite satisfied that the principle of separating these classes of business so that the same insurers shall not be allowed to carry on life business and non-life business is a sound one. It has not been effectively contended and I doubt if it can be argued with merit that it is sound practice for a life assurance company to undertake the substantial risks inherent in general business. To put the matter briefly, life insurance is the saving of money to secure the payment of a fixed sum on the expiration of a certain time, or at death, if such should take place earlier, while general insurance is taken out to secure indemnity against loss, should such loss arise during the currency of the policy.

There are other important changes to which I shall refer briefly. All the main classes of insurance, excluding marine, have been brought in and are now being controlled while the old system of freedom with publicity is being retained. There is a provision that a deposit of £20,000 is required for industrial insurance as well as for life assurance. More extensive information is required to be given in the statutory returns so as to secure fuller details of purely Saorstát Eireann business. The assets of the life and industrial fund are to be kept separate from any other business transacted by the company. There is an important provision empowering the Minister to fix the rates of premium for mechanically propelled vehicle insurance and for employers' liability insurance.

With regard to the winding-up of insurance companies, there has been for some years a need for powers to deal quickly with such companies. The Minister will secure such powers in Part IV of the Bill and he should thereby be in a position to take effective action in any case where the financial position of a company, and consequently the security of the policy-holders, is in danger.

The question of making provision for compensating insurance workers who may be affected by amalgamation proposals has been debated very fully, and while I still adhere to the opinion that, in view of the voluntary nature of these proposals, no statutory provision for compensation should be made, I repeat the undertaking given by the Minister that it is his intention to ensure that persons who are dependent for their livelihood on insurance employment will be fairly dealt with.

The measure has received very careful examination by all the parties concerned. I am grateful for the criticism and suggestions put forward during the passage of the Bill through the Dáil. The Act will not come into operation immediately it has been passed by the House, but with the exception of Part VI it will be brought into operation by Order without undue delay. I am confident that this measure will secure increased protection and security for policy-holders of all classes in Saorstát Eireann. I am confident also that if all the problems of this great industry be approached in a reasonable spirit there will emerge, in due course, a much stronger, more efficient and sounder native industry than would be possible under existing legislation.

I am sorry that I cannot echo the optimistic hopes which have been put into the Minister's mouth. I am aware that in this country there is steadily developing a bureaucratic machine which has become obsessed with the idea that it can not only operate the Civil Service but can run everybody's business better than the people themselves. I notice particularly that the Department for which the Minister for Industry and Commerce is responsible is peculiarly ready to undertake the task of supplanting men who have devoted their lives to the development and management of highly technical businesses, to take over these businesses as Departments of State, and to say quite blandly to the community that they are quite satisfied that under this new dispensation they will be very much better run than they were heretofore.

The Minister says he expects this Bill will result in there emerging one efficient unit for the handling of all the industrial insurance of this country, and that he is convinced that such a unit is the most desirable method of dealing with industrial insurance in Saorstát Eireann. That is a sound socialist view. The socialist always holds that if you can centralise everything in the hands of the Government, consolidate everything, eliminate private enterprise and regiment everybody everything will be best in the best of all possible worlds; but the socialist is wrong and I view with great alarm the increasing tendency of the present Government to drift from one socialist experience into another. We alternate in the most extraordinary way between State capitalism and State socialism. I think these insurance proposals are strongly flavoured with State socialism, and I believe the ultimate intention of the Government, having forced all the industrial insurance of the country into the hands of one unit, is to nationalise that unit and to make an attempt to equate industrial insurance with national health insurance and to operate it as a semi-Government Department. In my opinion, if they do, they will kill industrial insurance in this country. I am convinced that the elimination of competition in the industrial insurance field is going to react unfavourably on the policy-holders.

We have made it quite clear on every stage of this Bill that we were anxious, and are now anxious, to cooperate with the Government in removing from industrial insurance practice here any and all abuses that have manifested themselves during the last 50 or 60 years since industrial insurance first came to be known here. Probably one of the best reforms included in this Bill, a reform which deals with the pseudo-transfers from one company to another, has been inserted at the instance of Deputies on this side of the House, but we are equally clear that the socialisation of industrial insurance, or of anything else in this country, is not a good thing and ought never to have been undertaken. The Minister says that this Bill will aid our own native companies to attain greater strength. That is true in so far as it refers to insolvent Irish companies. They are going to be picked up and fortified with State money, set upon their feet and forced into amalgamation. That is the plan. They can be forced into amalgamation by the threat of winding-up unless they submit to the terms suggested by the Minister's Department. When they have been amalgamated into a block, supported by Government money, they will undoubtedly be able to carry on and they will carry on as a semi-Government Department. The British companies will be able to carry on because they have accumulated great reserves over a long period of unregulated operations in Great Britain, which will enable them to meet the requirements imposed on them by the terms of this Bill, but the solvent Irish companies will be destroyed by this Bill, and this House should realise what it is doing in that regard.

They are going to be left to compete, on the one hand, with a Government company composed of the insolvent Irish companies which the Minister will have taken over, and, on the other hand, with the great British companies offering better terms which the British companies are in a position to finance from their accumulated funds. The reward of men who have deprived themselves of the profit they might have taken out of these insurance concerns which they themselves built up, who preferred to put them back into the business in order that the policy-holders of their company would be doubly secure, is going to be destruction, and I say that in so far as that is true a very cruel injustice is being done by this House to a body of men who never asked anything from this State but the right to carry on legitimate business in a legitimate way. Out of that dilemma there is no escape for this House, except by amending legislation which would provide equitable terms of amalgamation for the shareholders in these companies. Unless that course is adopted, this House should open its eyes to the fact that it will, in effect, confiscate the property of honest men who have built up honest business, and who had no reason to apprehend penal legislation of any kind being directed against them in this State.

The Minister says he hopes the Irish companies will accept the new conditions. Most of the persons concerned with industry in Ireland have shown themselves on more than one occasion to be good citizens, and they will accept the law for what it is, but to hope they will be able to make a success of the new conditions he is creating for them is to hope for the impossible. They cannot do that, and I believe that the Minister's advisers know that. Many Deputies will ask themselves how can such a situation have developed and the answer is perfectly simple. The Government rushed into this business without fully understanding the problem with which they have to deal. They had a kind of idea that there was some kind of analogy between national health insurance and insurance of that character and industrial insurance. There is, in fact, none. They became obsessed with the policy-holder's view, and, while it was right and proper that the policy-holder's claims upon these companies should be given the fullest weight and amplest consideration, it was also right and just that the interests of the shareholders and proprietors of solvent companies, who were quite prepared to carry on and quite prepared to submit their companies to whatever examination or regulation the Government thought expedient, should have been considered. Their interests have not been considered. Their property is going to be destroyed, and I say that is a very grave injustice, and a situation which the Government has made no genuine attempt to meet. The Minister referred in passing to the view his Department would take of the amalgamation scheme which I outlined on the Report Stage. He said that if he approached the Irish companies with a scheme of that character he felt sure it would be favourably and carefully considered. The obstacles in the way of carrying through an amalgamation scheme within the terms of this Bill are insuperable. It cannot be done. The only efficient way to effect amalgamation is to do it by ad hoc legislation, which will cut the Gordian knot presented by the impact of existing companies on the problem with which we have to deal here. The Minister said that his policy is to end up by having one unit of industrial assurance. If that is his policy it is a bad policy, and he has to prevail upon this House to adopt it. All I say is, if that is his policy, then let us make no shilly shally about seeking a realisation of the policy he has in mind and which this House has accepted. Not one Deputy in the Fianna Fáil Party knows one section of this Bill from the other, but, good or ill, they have voted for it, and as it has been accepted by the Oireachtas, then let amending legislation be introduced at the earliest possible moment to incorporate a scheme of amalgamation which will most effectively carry out the Minister's opinion. If he wants to do that the first preliminary is to invite the constituent companies to the proposed amalgamation to meet him and to present an agreed scheme. If they will not produce an agreed scheme he could inform them that it is his intention to draft one, which will do the best equity he can devise, in the absence of the co-operation of the companies to be amalgamated, and that he will ask Dáil

Eireann to pass the Bill, because he has been unable to get from the constituent companies an agreed scheme which he could incorporate in a Bill and submit to the House with the consent of the companies.

Let me make myself clear upon that. I should like first if the Minister could get the five companies to agree to a scheme that he could incorporate in a Bill to be brought in and carried through this House, so as to override any difficulties which might arise under the existing law. If he cannot get agreement amongst the five companies, after consultation with the companies individually, he should devise what, in his opinion, is the most equitable one that could be hammered out, or the best of the schemes laid before him by the constituent companies, and he should then draft a scheme of his own devising and bring it before the House and force it on the companies. Otherwise the only people who will suffer will be the solvent companies. All the others can afford to sit back and let events take their course, without having any apprehension whatever of what the ultimate consequences may be. I think the Minister should say now, before the Final Stage is passed, whether he is prepared to provide the legislative machinery which will be necessary to carry amalgamation effectively into force, and if he is prepared to introduce an amending Bill for the purpose of facilitating the realisation of what he has declared to be his ultimate aim and policy in regard to this business.

I can only assume that the companies are not quite so blind to their own interests as Deputy Dillon thinks. The extraordinary thing about the Deputy and people like him is that, in spite of all the talk about people doing legitimate business in a legitimate way which should not be interfered with, when it becomes obvious that, in the interest of the community, some of these businesses should be interfered with, we have them calling upon the Government Department, as the Deputy has just been calling upon me, to come along and to devise a scheme. We have not discussed during the passage of this Bill the arguments for amalgamation. I do not know whether Deputy Dillon feels strongly that amalgamation should be necessary. I gathered that he was not quite satisfied about that. But, from the point of view of the community, there is a very strong case indeed for amalgamation. Even from the point of view of their own future it must be clear to the Irish companies that if the duplication which is going on were to continue, and if no steps were to be taken by the Government to regulate matters, it would simply mean a continuance of the present state of affairs for a long period. After all, it is 14 years since the Saorstát Government was brought into being, and this problem has not been dealt with during that time. In some respects it has been getting worse, and it has become quite clear, since we came into office, that it would have to be dealt with probably during our period of office. The matter has been considered very carefully, and there is ample data at the Minister's disposal to show that the necessity exists for taking action. Although we have not had a Commission on the question recently, I think we have got good advice, advice of the highest character, as to what ought to be done in the special circumstances of Irish insurance. We are not simply introducing a measure which proposes to regulate the Irish companies by saying: "If you do such and such you will simply have to get out of business; you are going to be wound up compulsorily"; or "If you do not take certain action we are not going to aid you." The Government is giving very definite aid, and if it is asking that certain things be done it is coming in to place the Irish companies on a sound foundation for the future. Deputy Dillon has ignored that aspect of the matter. Once this Bill becomes law, and once the amalgamation proposals go ahead, with Government support the Irish insurance business will be on an entirely new footing. There will be no question in future as to security, as to management or good faith. So far as public psychology is concerned which is, I suppose, the most important element in connection with insurance, I have no doubt the public will be satisfied.

I am not promising the Deputy to introduce legislation. I do not know why I should at this stage even presume to think that legislation will be necessary. It is impossible to foretell what may happen in the future, but I am convinced that the Irish companies will be in a much better position when this Bill is in operation. I cannot see why they cannot come together and put up a scheme. I am not going to say that the Department of Industry and Commerce, of which Deputy Dillon has a very low opinion, is going to come in when the companies themselves fail to come to agreement, and suggest a scheme which will be perfect from the point of view of the community and of the companies. I have no doubt the Department will give every assistance possible, but I cannot promise that it would take upon itself to put forward a scheme even in the event of failure of the companies to reach agreement. I cannot see why, having regard to the situation in the industry, and the absolute necessity for facing up to that situation, and getting rid of dead weight, the companies do not come together and hammer out a scheme. After all, the important thing for them is to secure the good-will and the confidence of the community. Even if they cannot please everyone they should be able to carry out a workmanlike scheme. The Deputy thinks the Government has some ulterior motive at the back of its mind in going ahead with this legislation. There is no such motive. From the examination of the Irish insurance business which took place long before this Bill was introduced, it was impossible to see a state of affairs in which we would have in existence an united company which would be able to take the larger portion of the Saorstát business. It will take some time to reach that position but the foundations are laid in this Bill and there is no reason why the term, which might be rather long, should not be made much shorter. The Deputy thinks that the insolvent companies will benefit and that the other companies will not benefit. Why he refuses to face the fact that the insolvent companies, or the companies that are considered to be in a weak financial position, are a menace to the welfare of the other companies, I cannot say. If there were some other way of dealing with this problem than the method outlined in the Bill, the companies had ample opportunity, since the Bill was introduced, to put forward a scheme. But there is no use in the solvent companies taking up the attitude that the position of the insolvent companies is no part of their business. If the Government or the Department of Industry and Commerce can make these companies see that it is to their interest to clear off this matter of the financially weak companies, on that ground alone the Bill would have justified itself.

That is the first time that that factor has been introduced. We have been debating the measure for two months and this is the first time that the suggestion has been made that the solvent companies should take the insolvent ones on their backs.

The Deputy also told us that State interference with people carrying on business in a legitimate way is the greatest evil of the time. The one thing which will save Irish companies from State interference and State regulation in the future will be their ability to show the Irish public that they are carrying on their business on a sound basis and in an efficient manner and that the Irish policy-holders will, at some time—not too far distant—get as good terms from the Irish companies as from the foreign companies. I believe that the provisions of this Bill will bring that day nearer and the Deputy is rather short-sighted if he thinks that a business like the insurance business is going easily to agree to any policy of nationalisation in the future. The companies are going to see that it is to their advantage to become more efficient, to give better terms to policyholders, to gain the confidence of the public in a surer manner than they have been doing and, in that way, should the question be raised by any future Government as to the taking over of insurance business to show that, from the point of view of the policy-holders and the community, it is better that private enterprise should continue and that control of the insurance business should remain in the hands of private concerns.

Question put and agreed to.
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