asked the Minister for the Environment the present position regarding a European Community directive on motor insurance; if he will specify the details of the directive; and when it will be presented to the House.
30.
Ceisteanna—Questions. Oral Answers. - Motor Insurance.
29.
asked the Minister for the Environment when the Department last sought a review of the Motor Insurers' Bureau Agreement; and if he will now commence negotiations to achieve improvements in the position of person who are victims of loss from uninsured motorists.
31.
asked the Minister the Environment if he will seek a review of the agreement with the Motor Insurers' Bureau to secure that the victim of a hit-and-run accident can obtain compensation sation for injuries from the bureau.
I propose to take Questions Nos. 29 to 31, inclusive, together.
The directive in question was adopted by the EEC Council of Ministers on 30 December 1983. It was published in the Official Journal of the European Communities on 11 January 1984 and I understand that a copy of the journal is available in the Dáil Library.
The directive is designed to secure more equal treatment throughout the Community for victims of traffic accdents. It requires member states to have compulsory motor insurance cover up to certain specified limits and to make compensation available to innocent victims traffic accidents caused by uninsured, stolen or unidentified vehicles. Implementation of the directive will require amendments to road traffic legislation and the negotiation of a new agreement with the Motor Insurers' Bureau of Ireland in due course.
The directive requires that national laws be amended by 31 December 1987 and that the provision be generally operative by 31 December 1988. Because of implications for motor insurance premiums, Ireland has been allowed an additional four years to introduce compensation for property damage caused by uninsured vehicles.
The present agreement with the Motor Insurers' Bureau of Ireland was negotiated on 30 December 1964. It is now proposed to review the agreement in the light of the requirements of the EEC directive.
Would the Minister agree that there has been a substantial and alarming increase in the number of motor accidents resulting in serious injury and loss of life in cases where uninsured drivers are involved? Furthermore would he give serious consideration to the inclusion of a regulation in whatever legislation is before his Department providing for the display of insurance certificates on windscreens of cars so that uninsured drivers who break the law can be identified quickly?
I will give that consideration.
The Minister will be aware that the position in regard to hit and run accidents in Dublin city and county has reached epidemic proportions arising from the theft of cars and in recent times has led to a number of people being knocked down. Can the Minister give any undertaking that some emergency regulations or legislation, which would have the full support of the House, would be passed by the House to cover such victims? Would the Minister consider that the Motor Insurers' Bureau would be the appropriate body to compensate such hit and run victims?
The Deputy may be aware that the Road Traffic (Amendment) Bill, 1983, is at present being processed through the House and has reached Committee Stage. Amendments which I will be introducing will take into account the serious problem mentioned by the Deputy.
The Minister may correct me if I am wrong but I do not think it is provided specifically in the Bill as drafted. Does the Minister intend to introduce amendments on Committee Stage to cover the problem in relation to hit and run victims as outlined by me?
I intend to introduce amendments in relation to penalties for the theft of vehicles, vehicles taken without the owners' consent.
That is not what I have been asking——
I do not think this arises on this question.
With the greatest respect, Sir, the Minister himself raised the subject.
He did not. The Deputy asked if the Minister would make provision and the Minister said it was being considered in the Bill going through the House, which is another reason why it should not be discussed now.
I did not hear what the Minister said in replying because he dropped his head momentarily. I just wanted to clarify the position in that regard.
I said as clearly as possible to the Deputy that the Road Traffic (Amendment) Bill, 1983, had reached Committee Stage and that I would be introducing amendments which I hoped would deal with penalties for the taking of vehicles, penalties which are grossly out of date for this type of offence. This will be done by way of amendment and the Deputy will have an opportunity of putting his views at that stage.
Certainly I shall avail of that opportunity, but what I am talking about in addition to penalties is compensation for hit and run victims. Would the Minister consider introducing on Committee Stage amendments which would give the Motor Insurers' Bureau additional powers? The Minister will be aware that their powers at present are limited to injury done to the person as distinct from injury done to property. The Minister will have an opportunity on the Road Traffic (Amendment) Bill to give additional powers to the Motor Insurers' Bureau to compensate the victims of uninsured car driving.
I said in the last sentence of my reply that the present agreement with the Motor Insurers' Bureau of Ireland was negotiated way back in 1964 and that it was now proposed to review that agreement. Obviously, therefore, it will form part of the review.
It is a very good but limited agreement which the Minister might extend in the meantime.
The Minister may correct me if I am wrong but I understand it is being reviewed in the light of the EEC directive. Would the Minister clarify the position and say whether the agreement with the Motor Insurers' Bureau is being negotiated on the basis of that EEC directive and in respect of which we have got a derogation until 1992.
That is right.
Would the Minister not agree that that is much too distant particularly when the rest of Europe will have this property cover in 1988? Would the Minister not agree that we should be in a similar position, at least in 1988? Would he not agree that even that is too far distant for those people whose cars are damaged and who receive no compensation? If there is damage to the individual that is covered but not damage to their car.
I said this review would take place as soon as possible. The minimum time in which the directive to which the Deputy referred may become operational is, as he said, 1992. I would hope that all arrangements would be established long before that and that we would be able to apply that directive within the time specified. However, there is allowance for a derogation for a further four years.
I know there is an allowance for a derogation but what happens in the meantime is a serious matter exercising the minds of many people, people who are extremely anxious about this damage to property, cars in particular. Would the Minister not consider bringing forward the provision before 1988 — in other words, how soon will this renegotiation with the Motor Insurers' Bureau take place?
This directive, which has to be implemented in all Community countries by 1987, I would assume would allow the Minister for the Environment to talk with the Motor Insurers' Bureau within the next year. The Deputy must be aware that the implications of this decision probably would mean higher motor insurance premiums for everybody. We must take all problems into account and in our deliberations we want to ensure that we are fair to all sides. I can assure the Deputy that it is not my intention to hold the matter in abeyance for another eight years.
Why did we apply for the derogation to 1992 in view of the urgency of the situation?
I have not that information since that agreement was made before my time.