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Dáil Éireann debate -
Wednesday, 22 Feb 1989

Vol. 387 No. 5

Insurance Bill, 1987 [Seanad]: Financial Resolution.

I move:

That it is expedient to make provision for the charging of such fees in respect of the holding of authorisations, the issuing of solvency certificates and the inspection of the register of authorisations as may be prescribed by the Minister for Industry and Commerce with the consent of the Minister for finance by order, regulation or direction under any Act of the present session to amend and extend the Insurance Acts, 1909 to 1985.

As this is a financial resolution relating to the Bill I wish to raise the issue——

Deputy Bruton, I hear that you wish to ask a question, but we have already decided to deal with this matter without debate.

My question relates to the ruling out of an amendment No. 23 which required a slight change in the liability imposed on individuals at court action with the Minister. You, Sir, ruled it out on the basis that it could involve a potential charge on the Exchequer. As this is the financial resolution relating to this Bill and as I only received notice of your decision in regard to the matter in the last few minutes, it would appear to be the appropriate point to raise this issue.

I cannot allow my decision to be debated in this fashion. The reasons were clear; it would impose the charge on the Exchequer——

May I say——

Sorry Deputy, we cannot enter into argument on the matter now.

With the utmost respect, Sir, the issue is quite important in that the Minister is providing that he shall not be subject to the normal laws of the land in regard to malicious damage to individual——

Can we not regularise this matter when we come to the appropriate section of the Bill?

You have, Sir, prevented me from putting an amendment in which would have rectified the matter at no probable cost whatever to the Exchequer.

That is an aspect of the matter that may not be challenged, but you may elaborate on the appropriate section.

I appreciate that, Sir, but I see considerable need to raise the matter at this point in view of the limited nature of the debate and in order that the Government might consider the subject matter of amendment No. 23, given that I will not be able to move it. That is why I wanted to raise this matter at the earliest point, because I think it raises the serious issue of civil rights.

I afforded Deputy Bruton an opportunity of a question, but I must again remind him that the House has already decided that this matter shall be taken without debate. I will proceed now to deal with the Bill proper.

Question put and agreed to.
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