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Dáil Éireann debate -
Tuesday, 24 Jun 1980

Vol. 322 No. 9

Ceisteanna—Questions. Oral Answers. - Uninsured Drivers.

17.

asked the Minister for Justice if his attention has been drawn to the recent remarks of a Circuit Court Judge and a District Court Judge (details supplied) regarding the high incidence of uninsured drivers; if so, if he has any plans to improve the present highly unsatisfactory situation, with particular reference to the protection of injured parties and victims of such drivers; and if he will make a statement on the matter.

I have seen newspaper reports of remarks said to have been made recently by two members of the Judiciary regarding uninsured drivers. In one case the remarks referred to the large number of cases which were coming before the courts for uninsured driving and highlighted the seriousness of the offence. In the other case the remarks referred to the difficulty in obtaining recompense which is faced by drivers whose cars are damaged in accidents involving uninsured drivers.

The Garda authorities are very much aware of the problem of uninsured driving. They give this matter a great deal of attention, as is evidenced by the fact that in 1978 prosecutions were brought in respect of 38,681 offences relating to compulsory vehicle insurance and, in 1979, 41,735 such prosecutions were brought. I should explain that, apart from the offence of driving without insurance, these figures include other offences such as failing to produce a certificate of insurance at a Garda Station within the statutory period of ten days. Moreover I understand that a direction is being prepared for circulation to the force directing attention to the need for sustained enforcement of the law in relation to compulsory insurance.

The victims of uninsured drivers may in certain circumstances obtain compensation in respect of personal injury under a scheme which is embodied in an agreement between the Minister for the Environment and the Motor Insurers' Bureau—a body to which the licensed motor insurers must belong—or under an arrangement operated by the bureau outside this agreement. The bureau does not pay compensation in respect of damage to vehicles in such cases. Any modification of the scheme or any proposals for alternative arrangements would be a matter for the Minister for the Environment rather than for me.

Despite the Minister's figures, which show an increase in the number of prosecutions, would he agree that there seems to be a decrease in the amount of surveillance where insurance certificates are concerned? There appear to be fewer checkpoints.

I could not tell the Deputy truthfully whether or not there has been an increase or a decrease in checkpoints. I have not got that information. But I can say that the Garda report which I have here mentions that special attention is directed to the problem of uninsured driving during vehicle checks which are held once weekly in Garda subdistricts. In addition a special inspection of all vehicles for motor tax, insurance and driving licence was carried out on a nationwide basis during the week commencing 25 February 1980 and that an inspection is being prepared for circulation to the force directing attention to the need for sustained enforcement of the law in relation to compulsory insurance. Statistics of offences in which proceedings were taken in respect of compulsory vehicle insurance are as follows: 1975, 30,000; 1976, 32,000; 1977, 36,000; 1978, 38,000; 1979, 41,000. On those figures I could not say that there has been a decrease in the checkpoints.

My comment was based on observation. Does the Minister propose to ask the Minister for the Environment to change the law regarding the damage to property which he has referred to in his reply?

In fairness, the Deputy should take up that matter directly with the Minister for the Environment. I have not had any proposals for the Minister for the Environment on that matter and it is entirely a matter for that Minister.

Final supplementary, please.

The Minister has mintioned 41,000 cases for 1979. That includes, I understand, people who have failed to produce a certificate within the statutory period at a Garda station. Can the Minister tell us the number of people who were uninsured, as against those who failed to produce certificates?

I am advised that there is no breakdown of the figures as to the category of offence involved. However, these figures do include, as I have already said, cases of no insurance and also failure to produce a certificate of insurance at a named Garda station within the statutory period of ten days. The gardaí have not kept any statistics as to the breakdown of these figures.

Question No. 18, please.

Would the Minister not agree that the subject matter of the question concerned is uninsured people, as against those who failed to produce an insurance certificate?

As I said, these are the number of cases according to the information from the Garda. I shall contact the Garda again and see if they could give an approximate estimate of the breakdown.

Finally——

We cannot keep on at this question.

——it is the Minister's duty, as Minister for Justice, to bring the huge increase in the number of cases of uninsured drivers to the notice of the Minister for the Environment.

I shall certainly do that.

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