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Dáil Éireann debate -
Thursday, 23 Feb 1978

Vol. 304 No. 2

Adjournment Debate. - Motor Insurance.

I thank the Chair for giving me an opportunity to raise this matter on the adjournment.

The announcement by the Minister for Industry, Commerce and Energy that he had sanctioned an average increase of 35 per cent for PMPA in motor insurance must have come as a shock to many thousands of car and vehicle owners. This announcement was not expected and, coming shortly after the budget which seemed to be all things to all men, it came as a severe set-back to people. The position is that in the Fianna Fáil manifesto there was a promise also to abolish road tax and this promise was fulfilled by the Government on assuming office. However, we find now that in many thousands of cases the relief given in that way is being eroded by the sanctioning of this massive increase to the PMPA. I appreciate that their claim was processed through the normal channels of the National Prices Commission and that the commission, before recommending that an increase be granted, undertake a full examination of the claim in order to ascertain whether it is justifiable.

In his announcement sanctioning the 35 per cent increase the Minister for Industry, Commerce and Energy stated that there were a number of reasons for the increase apart from the normal increases in costs on the administrative side. He mentioned one factor that is rather vague and gave this as one of the reasons for the increase. I refer to his remark about an EEC directive concerning an insurance company's reserve fund. I assume that unless this was an important factor in the decision to allow the increase, the Minister would not have referred to it. It implies that the company in question found themselves in breach of the directive or of some part of it. In all fairness to the company the Minister should have told us whether this was the case, that is, that the reserve fund held by the company was not in compliance with the level laid down in the directive.

It is very strange, too, that only on Saturday last at the Fianna Fáil Ard-Fheis the Minister referred specifically to the PMPA. I happened to be listening to the radio coverage at that time. The Minister referred to that company as being the only one genuinely open for car insurance business and went on to say that other companies were extremely selective and made no effort to be competitive. This was said by the Minister at a time when the claim was on his desk and, perhaps, had been sanctioned. He did not make his audience in the RDS aware of the impending increase because he knew that since on the law of averages 60 per cent or more of those people were insured with the PMPA their reaction would not have been very favourable. Consequently the Minister was very careful on that occasion not to mention the increase.

The Minister did mention though— and this would appear to have been a kind of sop having regard to what follows—that the continually increasing cost of insurance was a worrying factor in the Department and that on behalf of the consumer he would try to ensure that insurance costs were restricted from rising too sharply. He went on to mention some areas in which remedial action might be taken. In this regard he mentioned the jury system for the processing of claims through the courts. I would agree that where such cases are involved juries tend to become emotive when faced with victims of accidents who may be disabled even for life and end collectively to lean on the side of the injured or the aggrieved party. We must remember that the jury system is traditional with us. The system has worked well but the difficulty is that to single out car accident victims for special treatment—for example, to leave it to the jury to decide on liability and then to leave to the judge in consultation with, say, insurance actuaries the task of determining damages—is that there is created a legal technical problem. There are other accident victims too and the question would then have to be asked as to whether they also would have the right to go before a jury as applies at present or would they be lumped in with the system of dealing with car accident victims. I understand that the matter is at present with the Law Reform Commission and I trust that the Minister will seek to ensure that the report on that aspect of the problem will be produced without delay.

There is inherently a system here where it would seem that insurance premiums are allowed to continue increasing at alarming rates. The question of setting up a national car insurance corporation has been mentioned. Be that as it may, there is every case to be made for having in-depth scrutiny of the whole insurance industry for the purpose of ascertaining in which areas improvements can be made and to ensure that at the end of the day the consumer will get a fair deal and will get value for money.

The one aspect of all this which undermines the credibility of the Government and the Minister is the fact that this increase has been allowed on what appear from the Minister's statement to be elements and reasons that are vague. Apart from all that it is a reneging by the Government on their undertaking in that any concessions granted to people in the motor industry are now being negatived by this fell-swoop of an increase.

There is one question I should like to ask at this stage. Does the Minister envisage that a monopoly situation in the insurance industry will be allowed to continue? A few months ago the then Parliamentary Secretary, now Minister of State, Deputy Geoghegan-Quinn, in reply to a question from this side of the House concerning the insurance industry and a monopoly within that industry, said that she was happy that there was sufficient competition in the industry to ensure a fair deal to the consumer. At that time I asked her in a supplementary question to define a monopoly. She refused to do so. It is well known that a monopoly situation exists. It shows the enthusiasm, business acumen and other characteristics of the company who achieved that situation, but to the consumer this flashes a red warning light. This is something with which the Minister must grapple immediately.

I should like to mention one other aspect. At the moment spare parts needed as a result of accidents constitute a very large part of the cost of the claims. Possibly the Minister would consider the introduction of a price control system whereby the aggregate cost of spare parts would not be greater than the collective cost where such parts are used in the assembly of the whole car. This is something that the Minister could do almost immediately.

To me and to every ordinary motorist this is a terrible blow. The amount of the increase seems to be unwarranted and excessive and seems to show little concern for the person who must have a car. We have gone past the stage where a car is a luxury; it is now a necessity. I am sure the Minister knows this but he ignored the importance of the fact.

Deputy Desmond has five minutes.

I consider the 50 per cent increase announced by the PMPA for 150,000 of their policy holders to be nothing short of outrageous. I consider further that the sanctioning of an overall 35 per cent to 50 per cent increase for 340,000 policy holders—six out of every ten Irish motorists—shows one of two things: either this company have serious management and financial difficulties or the Government and the National Prices Commission have been totally incompetent in their surveillance. In either case it is a serious state of affairs. I greet with dismay this announcement, conveniently delayed by the Minister in consultation with the PMPA until after the Fianna Fáil Ard-Fheis. The crocodile tears shed by the Minister when in Opposition must be regarded with great cynicism.

The Minister said that these increases are exceptional. We must now ask if the exception is to become the rule. Are all the other companies automatically to get pro rata increases? It would be difficult to deny such increases to companies catering for the other four in every ten Irish motorists.

Yesterday on television Deputy Moore said that there would be further increases next year. Within the next year or so there is to be a further 10 per cent or 15 per cent increase, as though there is a correlation between increases in management costs in a buoyant situation in which more motorists are obliged to take out insurance and the increased costs of insurance premia. This has been denied by the National Prices Commission in investigations into the companies themselves. The road tax reduction has been negatived and the Government have failed to grapple with the situation. Successive Governments have not tackled it. With my colleague, Deputy Bermingham——

We will have to stay with the question in front of us.

——I put forward an alternative State scheme for motor vehicle insurance and the rational corollary of that is a State influence over the settlement of claims. The current situation is a lawyer's paradise, a jury bingo situation. There are responsible individuals who have served on advisory committees and commissions on motor insurance premiums and they have favoured a State motor vehicle insurance scheme.

I am very apprehensive about a number of matters. I am apprehensive about the prospect of future evasion. These increases are so massive that they are really an incentive to future evasion in relation to motor insurance. I am also apprehensive about the role of the National Prices Commission. The increase has been noted, the Minister has been vague and we know that the motor insurance companies are notoriously reluctant to submit comprehensive supporting data to the National Prices Commission in support of their price increases. I am apprehensive about the future of this company. I have considerable doubts about the long-term survival capacity of a company which enters the market, builds up a monopoly by offering very low premiums to thousands of motorists, captures the market and then decides to go for a kill by jacking up premiums.

I have been harsh and critical. The Labour Party recommend the introduction of a State insurance scheme similar to the VHI and similar to State insurance for occupational injuries and social insurance. I would urge the Minister, in the light of these massive increases, to implement at least the recommendation of the National Prices Commission that motor insurance premiums should be payable on an instalment basis, as premiums are frequently paid by people of limited means for other types of insurance. I wish to support Deputy O'Toole in this regard.

No Government of Minister, least of all this Government or this Minister, pledged as we are to cutting inflation to a single figure in this year, likes this increase or lightly approved it. In approving it, the Minister had to keep certain facts in mind: one, that the cost of claims must be met by premiums and, two, that the PMPA Insurance Company Limited is required by law to maintain a solvent position and to add to its reserves as business grows in accordance with the new EEC solvency requirement now enjoined on all countries of the Nine by the First Non-Life Directive enacted into Irish law with effect from 1 January 1977.

Could I ask the Minister to be a little slower so that we can hear him?

The Minister has a fairly long statement.

Briefly, this new requirement is that for every increase of business there must be 16 per cent of this increase added to reserve and the Minister for Industry, Commerce and Energy, with the responsibility as supervisory authority of insurance companies, has the task of ensuring that the assets of the company are always adequate to cover liabilities.

On the first of these points, there is no escaping the fact that the cost of insurance must be paid for in premiums. The fact is that the accounts of this company and of all other insurance companies are examined very thoroughly in my Department every year both from the point of view of overall solvency and specifically when a premium increase for any class of insurance is sought. The assistance of professional experts has been available to my Department in the examination of the accounts of this company, when this premium increase and earlier premium increases were sought.

We may not like the figure for the cost of claims but we cannot wish it away. There are no simple and facile solutions to the increasing burden of the cost of claims for damages arising out of motor car accidents. Those familiar with the operation of insurance company accounts know that it is a universal factor that there is a lag period of adjustment, when premiums are adjusted upwards, trailing after the claims experience. This happens because claims arising two years or more ago are only in the course of final settlement and payment now, and there are often longer delays than this, so that while a proportion of claims is paid every year, there is a continuous carry forward of previous years' outstanding claims which are finally settled and paid in later years. In this intervening time, the costs for obvious reasons continue to escalate. It is that which mainly explains why the percentage increase now proposed appears out of line with the general trend. Hopefully it is the last stage of the catching-up process.

There is no escaping the cost of claims figure therefore. I will not deny that there are aspects of this which are far from satisfactory. It can be argued that the cost of new cars has bounded upwards unnecessarily. That is in the main outside our control. It can be said that the cost of garage repairs is higher than is reasonable. Everyone, both the motorist and the insurers, may be relied upon to do everything in their power to keep repair costs within bounds. It could be said that jury awards in personal accident cases have tended to be excessive and unpredictable. I am inclined to agree and I consider that delays in settling personal injuries cases in or on the threshold of the courts are very great, adding to costs and increasing the cost by the mere passage of time. As the Minister for Industry, Commerce and Energy said on Wednesday: "I intend to have the jury system examined to see whether or not changes are warranted that would not only increase the speed of settlement of cases but reduce the unpredictability or the capriciousness of awards.

The expected cost of claims of this company for 1978 has been thoroughly scrutinised by the officials of my Department, aided by their professional consultancy expertise. A detailed analysis of the premium claim was put before the National Prices Commission and examined by them. It can be taken, therefore, that the increase granted is the minimum necessary to cover the costs of granting insurance to the very large sector of the market which the company cover. Suggestions that the situation would be improved automatically by the institution of a nationalised motor insurance corporation are simplistic. As I have already said, I am open to examination of any such proposal but the hard realities of the situation are that within the present system of handling claims through the courts and of the law and the rights of citizens, the costs are in fact there and they will not be wiped out of existence by a change of name over the door of the insurance institution.

The second fact which must be kept in mind is that this company are the only company open to take private motorist business in anything which could be described as a free and unrestricted way. As a result, they hold somewhat over 60 per cent of the entire market. Their growth rate of new business continues at a very high level. This growth rate imposes heavy strains on the company's finances in the new EEC solvency requirement, which now from 1 January 1977 requires additional reserves to cover liabilities. This 16 per cent additional reserves related to premium income are expected by me to be provided by companies from other resources than premium income alone, such as increased capital issue, or income from investments, and the PMPA are no exception in this regard. They are required to do likewise and indeed are so doing.

It is a case, therefore, that if the motorist wants insurance cover, a company cannot be expected to provide it at a loss, and could not long continue to do so. There are very many motor insurers in the Irish market but because of the real possibility of entering a loss situation or increasing an already loss situation, these other companies are open to new business only in an extremely limited and careful way. The PMPA rates have hitherto been considerably cheaper over a broad band of car class, than other companies, when the 60 per cent no claims bonus is taken into account. I am advised that they will remain competitive with other insurers of which there are 19 in the market besides the PMPA.

It is important to keep clearly in perspective what the real size of the cost is, in this difficult and complex technical adjustment of rates. In applying the increase allowed, the company propose to introduce considerable reductions which will go far to reduce, I could almost say to a minimal size, the effective increase. For example, in the case of a 1,000 cc car, the old position of third party fire and theft, less 60 per cent NCB, was £55.20. The new position, after the increase, for third party fire and theft results in a figure of £61.40 or an increase of £6.20—the value of the car taken here in this example is £1,600—while for a car of £2,000 average value and somewhat bigger size the difference after the adjustments will be £10 in approximately £100 or about 10 per cent. The company are, therefore, using every effort to bring about a satisfactory alignment of rates to the underlying reality of costs, with a minimum impact on their policy holders. They, necessarily, however, have to increase third party rates sharply, but these increases are heavily offset by reductions in fire and theft rates. The full increase falls on third party insurance only. Third party has been a heavy loss maker, and it is significant that any of the new schemes introduced by other companies concentrated their competitiveness on elements other than third party.

Because it is often the source of much misunderstanding, I would like to say a word about the investment income of this or any insurance company and to set it in relation to the premium increases. There seems to be a lot of misunderstanding about investments held by an insurance company. Some people seem to think that these investments represent money diverted away from the real business of insurance. Nothing could be farther from the truth. The position is simply this. A company pays a proportion of claims every year but have to carry forward a fund to represent claims still outstanding from previous years and not yet settled to be paid. In addition, approximately half the premium income received in any year has to be carried forward into the next year of account because policyholders renew for a 12-month period for, for example, from June 1977 to June 1978. This unexpired premium account and the moneys held awaiting settlement of cases from previous years represents a large rolling fund. These funds are not left lying idle. It would be foolish to do so.

Companies rightly invest them in Government securities, shares, property or other suitable outlets. The income from these investments actually comes into the insurance company's funds and in this way obviates the need for even higher premiums which would otherwise be necessary. The investment policy of an insurance company is an integral part of their insurance business, and without it premiums would have to be very much higher than they are in fact.

In the case of the PMPA, they have, with only two minor exceptions, almost ten years ago never made a profit on the premium income alone. They have carried on paying a considerable amount of the claims out-go from investment income, and paying tax and dividends from this income in addition to defraying other costs of running the insurance company. Besides these uses for the investment income, there is another very important use which cannot be forgotten. In times of depressed investment values, there are clearly losses in the values of investments, and should these have to be realised too for liquidity or to pay claims, then an insurance company could find themselves dropping below the level of solvency.

Most insurers in Ireland and the United Kingdom and elsewhere experienced such difficulties in the period from 1973 to date. Investment income is, therefore, necessary in such times and add to investment reserves. Without this, insurance companies would simply have to call on their policy-holders to dip into their pockets to defray the cost of running the business and would in a very short time all become insolvent. There is, as I said, no escape from the general maxim that premiums must meet the cost of claims. I would add that policy-holders benefit in every sense from the successful investment of their funds by insurers, because this leads to growth and strength in the solvency of the company and in the reserves. It can, and indeed, does find that strength reflected in lower premiums as companies step up their competition for business and grow in size.

Comment has been made about speculation in investments. I can assure the House that there is no area where speculation is more frowned on than in the investment of insurance funds and that it does not occur. The spread and nature of investments and their valuation are examined and scrutinised by my Department, aided by their professional consultancy expertise. Last year I made administrative regulations which govern the nature and spread of these investments so that no imprudent or dangerous speculation on the one hand or excessive concentrations of investment are practised by any insurance company. Investment management of insurance undertakings in Ireland are able and competent people who take their responsibilities under the law in relation to the maintenance of solvency very seriously indeed, and I commend them for this.

Applications by motor insurers for premium increases are now being dealt with on a case by case basis, and the circumstances of each company's experience will be examined and will be the determining one for me in dealing with any further motor premium increases. I intend, moreover, as I said earlier, to press for consideration of the jury system which I am inclined to think has led to an excessive delay for settlements in or on the threshold of the court and to long delays in litigation which have seriously increased costs and burdened the insurers and in turn the policyholders.

May I ask the question? Does this not mean that the PMPA were practically insolvent under an EEC directive?

That is an outrageous claim.

Questions cannot be asked once the Minister has concluded.

The Dáil adjourned at 5.30 p.m. until 2.30 p.m. on Tuesday, 28 February 1978.

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