I move: "That the Bill be now read a Second Time".
I welcome the opportunity to address Dáil Éireann on the Motor Insurance Insolvency Compensation Bill 2024, which was published on Friday, 30 May. As Minister of State with special responsibility for insurance, I am bringing forward this Bill to transpose Articles 10a and 25a of the motor insurance directive, as inserted by the sixth motor insurance directive. The purpose of these articles is to provide protections and allow for timely compensation for Irish motor insurance policyholders in the event of an insurer becoming insolvent.
The Bill builds upon the existing insurance compensation framework currently in place within the State, and complements the Government’s real progress and firm commitment in implementing insurance reform. This Bill will further protect motor insurance policyholders, where an insurer becomes insolvent. We all will be aware of situations where Irish motorists have been impacted by failures of firms based in other jurisdictions. This Bill will increase the consumer rights of policyholders because it will ensure that if an insurance company is based in another EU member state, as has been the case in Ireland, then it is up to that member state to pay if the insurer becomes insolvent.
As Deputies will be aware, through the existing insurance compensation fund framework, Ireland already has a comprehensive insurance compensation architecture in place to compensate policyholders and injured parties in the event of an insurance failure. It is currently in play to address failures of firms we will all be aware of such as Quinn and Setanta. This fund is primarily designed to facilitate payments to policyholders on a host basis, that is, in respect of insurance risks in the State where a non-life insurer goes into liquidation.
Articles 10a and 25a of the motor insurance directive build upon our existing framework by moving the European Union towards a harmonised compensation framework for motor insurance by compelling each member state to establish a compensation body underpinned by a cross-border centralised function to compensate policyholders and injured parties in a timely manner.
In summary, this Bill represents a wholly positive development for consumers, making it easier to seek compensation following a motor insurance failure, either by firms regulated here or in other EU member states, as injured parties will now be entitled to efficient compensation from the newly established motor compensation body.
By way of background to the Bill, the European Union consolidated and codified four motor insurance directives into one single motor insurance directive in 2009 setting out minimum insurance requirements for all EU member states to follow. This in turn facilitates travel by EU citizens across our territories and boosts tourism, business and other cross-border activity within the EU. In 2019, the European Parliament and the European Council agreed on a revised version of this directive, referred to as the sixth motor insurance directive. The Department of Finance is specifically responsible for transposing Articles 10a and 25a of this directive as they relate to situations of motor insurance insolvency. These provisions essentially provide a pan-European framework for motor insurance insolvency compensation. Naturally, this has implications for countries such as Ireland which have existing insurance compensation fund frameworks
Some of the key elements of the directive include: first, the establishment of motor compensation bodies in each member state; second, a shift from a host to a home-based system, meaning that, crucially, the cost of such claims would be met by the home country of the insurer and thus Irish customers would not be footing the bill for insolvencies outside of Ireland and; third, the imposition of a hard deadline for the assessment and payment of compensation of claims of policyholders and injured parties relating to an insolvent motor insurer. Until now, there have been no harmonised EU rules to ensure that injured parties are swiftly compensated in such situations involving motor insurance firm insolvency.
Turning to the detail, I propose to give an overview of the Bill and each of its five Parts. Part 1 contains standard legislative provisions that cover the Short Title to the Bill and its commencement, as well as some relevant definitions and some standard provisions regarding regulations and orders made pursuant to the Bill and expenses incurred by the Minister for Finance in the administration of the Act.
In accordance with the directive, Part 2 will establish in legislation a motor compensation body with responsibility for dealing with claims arising from motor vehicle accidents where the relevant insurance undertaking is insolvent. Accordingly, Part 2 formally appoints the Motor Insurers Bureau of Ireland to this role, which follows on from a letter of nomination that was sent to the EU Commission in June 2023. Part 2 sets out: first, how the compensation body will operate, second, how it will engage and co-operate with interested parties and other stakeholders; and, third, how the body will have sufficient funds for the purposes of providing compensation to claimants.
Following its authorisation as the compensation body in Ireland once this Bill is enacted, the Motor Insurers Bureau of Ireland will be empowered to manage claims directly and make payments in a timely manner. In order to achieve this, the Bill will provide the Motor Insurers Bureau of Ireland with the full range of functionality required to manage claims, administer a fund, make payments and engage with other EU bodies.
The Department of Finance carried out a detailed assessment with the various stakeholders within the insurance compensation fund framework. It was ultimately determined that the well-established Motor Insurers Bureau of Ireland is the most suitable agency to be appointed to the role of national compensation body in Ireland. The role also complements the Motor Insurers Bureau of Ireland's existing role of compensating victims of road traffic accidents caused by uninsured and unidentified vehicles, one which it has fulfilled since 1955.
In addition, the State has considerable experience of working collaboratively with the Motor Insurers Bureau of Ireland in the context of the motor insurance insolvency compensation fund. This is a motor insurance compensation fund it has administered since the failure of Setanta Insurance. Accordingly, we see the nomination of the Motor Insurers Bureau of Ireland as a positive evolution of its role in protecting policyholders.
I will now turn to how this will operate in a cross-border context. Where the relevant claim relates to an insurance undertaking that is authorised in another member state, the Irish compensation body will be reimbursed for the relevant compensation by its counterpart body in the home member state of the insolvent firm. This is a further protection for Irish policyholders, as they will no longer be ultimately liable for the costs of insolvent insurance companies regulated outside of Ireland.
At EU level, the governance and reimbursement mechanisms between the various EU compensation bodies will be governed by either an agreement of the Council of Bureaux, of which the Motor Insurers Bureau of Ireland is a member, or by means of a delegated Act, which we understand is being considered by the EU Commission.
Part 2 also sets out in detail how a claim can be presented to and processed by the compensation body. The compensation body will be empowered under Part 2 to collect the relevant information from both policyholders and injured parties, and then utilise this material while co-operating with other insurance compensation fund stakeholders to ensure the assessment of claims and payment of compensation occurs in an efficient and timely manner.
In accordance with the requirements of the directive, the Bill sets out the framework for the presentation and processing of motor vehicle liability claims to the compensation body, including that claimants should receive payment of compensation within three months from the date their offer of compensation is accepted. This three-month time limit is an important pro-consumer development and ensures timely payment to claimants. In order to achieve this, the Bill will enable the compensation body to assess and pay compensation to injured parties without recourse to High Court approval, as is currently the position under the Insurance Act 1964.
Section 9, together with the amendments to the 1964 Act under Part 5, facilitates a comprehensive reform and streamlining of the existing legal framework relating to the insurance compensation fund into a one-stop shop for motor insurance insolvency claims so that claimants will go directly to the Motor Insurers Bureau of Ireland, which will handle these claims expeditiously, rather than dealing with different liquidators and will also ensure that customers receive their compensation within three months of the offer.
Significantly, the Bill preserves the existing broad spectrum of compensation that is available domestically under the 1964 Act for claims relating to motor vehicle liability by allowing the compensation body to also handle, for example, claims on comprehensive motor policies, which predominate the Irish market, rather than the minimum bar of third-party cover as is the requirement under the directive. As such, we have tailored our approach under this Bill to meet the specificities of the Irish motor insurance market. This has taken some time but I think it is an approach that we can all support.
Part 3 sets out the comprehensive governance and oversight processes that will be put in place relating to the processing and auditing of claims payments under the legislation. This, in part, reflects the reform proposed under this Bill where the role of the High Court in approving payments has been changed to the compensation body now fulfilling this in a more timely and effective manner. In addition to the necessary internal governance processes of the compensation body, and the internal and external audit processes for the compensation body itself, Part 3 also provides that an audit will be carried out by the State Claims Agency on a sample of claims on an annual basis and that a further ex ante check will be carried out by the State Claims Agency before the payment is made on certain claims above a specific threshold, which will be set by way of order of the Minister for Finance. Part 3 further provides that the timeframes and operational practicalities of these ex ante and ex post audits will be agreed in a memorandum of understanding between the compensation body and the State Claims Agency, which will, in turn, be subject to the review and consent of the Minister for Finance.
It is worth noting that the Bill also provides that a statement of the amounts of compensation paid will be included in a report to be submitted to the Minister and laid before the Oireachtas and will be included in the report submitted by the Central Bank of Ireland to the Comptroller and Auditor General for possible audit.
With respect to the governance and oversight processes under the Bill, Part 3 also envisages that a strategic review of the governance and oversight framework will be carried out after the first insolvency event. We feel this to be in line with best practice and it will allow any learnings from the implementation of the process to be incorporated into its operations.
I accordance with the directive, Part 3 also ensures that sufficient funds will be available to compensate injured parties when compensation payments are due by enabling the Minister for Finance to advance funds to the insurance compensation fund.
I will turn now to Part 4, which contains a number of provisions that facilitate the disclosure and processing of personal data by the compensation body and other stakeholders in accordance with the general data protection regulation, GDPR, and the Data Protection Acts. This is to ensure that the relevant stakeholders can co-operate and share information as required under the motor insurance directive in a manner that is fully compliant with the relevant provisions of the GDPR and provides safeguards for the processing and handling of personal data. This Part also enables the Minister for Finance to prescribe specific measures for the processing of data under the Bill, by regulation if necessary. At this point, it is worth noting that the Data Protection Commissioner was consulted during the preparation of this Bill in accordance with the GDPR and the Data Protection Acts.
Part 5 contains a number of provisions that amend the existing legislative framework governing the Insurance Compensation Fund under the 1964 Act. Specifically, Part 5 moves the current framework from a host-based to a home-based system for motor third-party liability risks. In simple terms, this now means that if an insurance company is based in another EU member state and selling motor insurance into the Irish market, it will ultimately fall on that member state to pay if the insurer becomes insolvent. The Irish compensation framework will not have to foot the bill in such instances. Operationally, it was necessary to amend the 1964 Act to ensure that such insurance business is carved out of the insurance compensation fund framework under the 1964 Act.
On the other hand, the directive requires that Irish authorised insurers exporting motor insurance policies across the EU are now within scope of the Irish insurance compensation fund framework. This means that if an Irish-authorised motor insurer were to become insolvent, the compensation framework will have to cover motor vehicle liability risks exported to other EU and EEA member states. In light of this, Part 5 authorises the Minister for Finance to introduce regulations to establish a funding mechanism to require such Irish-authorised insurers to contribute towards the cost of insolvency compensation in respect of their cross-border business. Such regulations may empower the Central Bank of Ireland to establish a sub-fund of the insurance compensation fund, into which contributions collected under this regulation will be paid.
Accordingly, any such financial contributions will relate to motor third-party liability insurance carried on by Irish authorised insurers in other member states and, as such, should not impact Irish motorists. It is planned that these regulations will be developed in due course following the necessary consultation and consideration of the relevant issues.
Part 5 makes a number of amendments to the 1964 Act to ensure the compensation body has recourse to the insurance compensation fund to cover the costs and expenses of the compensation body while performing its duties under the Bill and to provide it with the funds it needs to compensate injured parties when such payments are due. As the fund is administered by the Central Bank of Ireland, the Bill makes further amendments to the 1964 Act to facilitate such payments by the Central Bank of Ireland to the motor compensation body. The 1964 Act is also amended to allow the Minister for Finance to advance funds to the insurance compensation fund to enable compensation payments out of the insurance compensation fund where there is an insufficiency of funds to make payments under this Bill.
In summary, there are two potential costs that arise from the transposition of the directive: the establishment and operation of the new compensation body, and potential increased exposure to the insurance compensation fund if an insurer authorised by the Central Bank of Ireland were to become insolvent. Although there is the potential for an increase in exposure to Irish-authorised insurers exporting insurance to other EEA member states under the new arrangements, this needs to be balanced against the reduced exposure to insurers from other EEA member states, which, as I mentioned earlier, will now be covered by what is called their home state on a prospective basis rather than by the insurance compensation fund. That is, costs arising from insolvent insurance companies regulated in other member states will ultimately be borne by that member state rather than Ireland.
Overall, based on the most recent gross written premium data assessed by the Central Bank relating to 2023, we currently expect that this should in fact result in an overall slight decrease in exposure for the insurance compensation fund. However, it is worth adding that given the dynamic nature of the significant international insurance market based here, it is possible that firm-specific developments could affect the exposure the Irish compensation fund is potentially subject to.
In terms of costs and expenses, the total set-up costs are expected to be of the order of approximately €1.2 million in 2024 and approximately €300,000 in 2025, which will be pre-funded through existing moneys collected for the insurance compensation fund. It is expected that recurrent costs should be limited to approximately €70,000 per annum thereafter, albeit with potential increases in the case of an insolvency event, as would be expected. Further technical amendments are made to the NTMA Act, the VAT Consolidation Act and the 2015 insurance and reinsurance regulation to align these pieces of legislation with the Bill and the directive.
In terms of engagement with the Oireachtas thus far, further to a request from the Minister for Finance in December 2023, the Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach decided to waive pre-legislative scrutiny of the general scheme of the Bill. I thank the committee for its support and for facilitating timely consideration of the provisions within the Bill. I welcome the pre-legislative scrutiny waiver, which helps expedite the transposition of the directive, and officials from the Department are available to provide further detailed briefing on the Bill to the committee on the Third Stage of the legislative process.
I note the constructive engagement from stakeholders throughout the consideration and drafting of the Bill to date. Officials from the Department of Finance established and chaired a working group on the insolvency compensation element of the directive. The relevant stakeholders, all of whom currently have a role within the current insurance insolvency and claims framework, such as the Central Bank of Ireland, the Department of Transport, the Motor Insurers’ Bureau of Ireland, the Revenue Commissioners, the State Claims Agency, the Courts Service and the Department of Enterprise, Trade and Employment, have engaged in collaborative discussions on the optimal methods to transpose the directive and improve the compensation process for injured parties. This represents a complex web of differing functions, responsibilities and relationships and, as such, these members provided practical insights as to operational issues that were considered extensively by the working group in preparing this Bill. The Department will continue to engage with stakeholders as the Bill progresses through the Oireachtas.
I would like to inform the House that the European Central Bank was also consulted on the Bill given the Central Bank of Ireland’s role in the administration of the insurance compensation fund. Following careful review of the Bill, the ECB confirmed that the legislation does not impair the Central Bank of Ireland’s independence or breach the monetary financing prohibition, and it was, therefore, satisfied that the Bill does not infringe the ECB’s fields of competence. Consequently, I am happy to confirm that the ECB has decided not to adopt an opinion on the Bill.
I reiterate the importance of the swift passage of this Bill, particularly to ensure the new compensation body can be established and to ensure the directive is transposed into law in Ireland as promptly as possible. In advancing this Bill, I believe we will achieve further improvements in the insurance environment to the benefit of both policyholders and industry and which will complement our ongoing reform work. I thank colleagues for their support on this important Bill to date. I look forward to working with them across the House to bring it through the Oireachtas in a timely manner. I commend the Bill to the House.