andMr. McQuillan asked the Minister for Industry and Commerce if he, in accordance with Section 110 of the 1936 Insurance Act, has yet decided that the evidence in regard to the practice carried on by the New Ireland Assurance Company of selling what the President of the High Court recently described as gambling policies was sufficient to justify prosecution; and, if so, if he consulted with the law officer to the Government, the Attorney General, before making any such decision.
Ceisteanna—Questions. Oral Answers. - Issue of Insurance Policies.
39.
I would refer the Deputies to the replies which I gave to Questions on this subject on 7th and 14th June, 1961, which make it clear that the question of legal proceedings under the Insurance Act, 1936, does not arise, since the time within which proceedings may be instituted has expired.
In view of the fact that the Minister has issued a warning to this and other insurance companies in regard to the issue of further policies, would he say who is to prepare the indictment if the Minister decides to prosecute the company for a breach of the insurance law? Is it the Attorney General?
The indictment will be prepared in the ordinary way.
Is it a fact that it is part of the duty of the Attorney General to prepare such indictments on behalf of the Minister's Department?
It does not arise on this question.
If it is the Attorney General's duty to do it, how can he in his other capacity defend a company accused of such an offence?
It does not arise on this question.