Vol. 565 No. 4
38 Mr. Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment the recommendations of the Motor Insurance Advisory Board that have been implemented to date; and if she will make a statement on the matter. [11264/0]
The current position in relation to the 67 MIAB recommendations is that 13 have been fully implemented, 24 have been partially implemented or are in progress, and 13 cannot be progressed at present. Plans are in place to progress the remaining recommendations at an early stage.
Details of the recommendations that have been implemented are shown in the following table.
MIAB Recommendations that have been implemented
Recommendation Relating to the Department of Transport
|
No. |
Issues Addressed |
Recommendation |
|
1. |
Further road safety improvements. |
That priority be assigned to achieving the objectives set in the Government's Strategy for Road Safety for a wide range of reasons, which extend far beyond the cost of insurance. |
|
No. |
Issues Addressed |
Recommendation |
|
43. |
Consumer protection.Legal costs.Promotion of competition among the legal profession. |
That the draft of 1998 legislation on advertising by Solicitors be progressed, with the additional requirement that all advertisements quote a revised rule by the Law Society summarising Section 68 of the Solicitors (Amendment) Act 1994 which prevents a percentage being deducted by lawyers from the compensation awarded to claimants. If an entitlement to advertise for personal injury claims is secured under competition law, that sufficient information be displayed to enable consumers to make price comparisons between professionals. |
|
44. |
Consumer protection.Linked to Recommendation No. 43 concerning advertising by solicitors. |
That, aside from legislation, the Incorporated Law Society of Ireland as a service to the public should require all advertisements by their members to state that a lawyer is not permitted to seek a percentage of a claimant's compensation and that such action is regarded as misconduct under Section 68 of the Solicitors (Amendment) Act 1994. |
|
No. |
Issues Addressed |
Recommendation |
|
13. |
Promotion of competition.Consumer protection. |
That a regulation be introduced requiring a minimum period of notice, of not less than 15 working days, to policyholders of the terms upon which renewal is offered to allow sufficient time for consumers to “shop around”. |
|
14. |
Linked to Recommendation No. 13. |
That a regulation be introduced to prescribe the issuing of “No Claims Bonus” documents with renewal notices to enable clients to market their business elsewhere for comparative quotes. |
|
64. |
Promotion of competition. |
That, in the context of the Competition Bill 2001, consideration be given to incorporating the principle of “acting against the public interest”. |
|
No. |
Issues Addressed |
Recommendation |
|
10. |
Enforcement of Equal Status Act.Promotion of competition. |
That insurers undertake to comply with the provisions of the Equal Status Act 2000 in respect of drivers aged 65 and over including advising them of their rights to freedom of contract and to improve procedures for retirees who have a record on employers' fleet policies but are now seeking private motor insurance. |
|
11. |
Public policy.Discriminatory action. |
That insurers undertake to desist from applying policy terms, limitations or loadings that may be encountered by policyholders with disability issues relating to drivers or passengers unless there is evidence of additional risk. |
|
12. |
Achievement of the Single Market.Discriminatory action. |
That insurers operating in Ireland undertake to recognise EU driving experience and “No Claims Bonus” certification presented by other European citizens. |
|
18. |
Promotion of competition. |
That insurers desist from any practice of requiring collateral business to be placed with the company before a motor quotation is supplied and that this practice be reviewed by the Competition Authority should it persist. |
|
20. |
Linked to Recommendation No. 19. |
That the number of refusals required under the existing Declined Cases Agreement be reduced from 5 to 3 in light of the market consolidation resulting from mergers. |
|
53. |
Prioritisation of genuine victims. |
That insurers pursue a policy of seeking to assist in the rehabilitation of injured parties where such action is appropriate. |
|
No. |
Issues Addressed |
Recommendation |
|
65. |
Promotion of competition. |
That the Competition Authority would have a duty to review all further insurance mergers in the interests of the Irish economy with appropriate reference to IFSRA and that the process of consultation seek to protect the interests of specific policyholder groups since the effects of mergers may warrant consideration below issues of the market as a whole. |
