Senator Leyden made the point that when the two senior counsels rule was abolished, the insurance companies did not pass on the saving to the premium holders. The legal fees for one senior counsel doubled and, since the junior counsel was getting one third of the senior's fee, the overall legal cost increased.
With regard to advertising by solicitors, a matter raised by Deputy Blaney, the Law Society has introduced new regulations in conjunction with the Department of Justice, Equality and Law Reform. I heard a good discussion a few week's ago on "Morning Ireland" between the director of the Law Society and a solicitor who was allegedly unhappy with the new regulations. However, the advertising the Deputy referred to is now prohibited.
I agree with Deputy Lynch that there are genuine cases of injury and nobody is trying to deny such people their entitlements. I emphasis that the purpose of the PIAB is not to reduce the awards that go to genuine claimants but to reduce the cost of delivering to those claimants, and to have a speedier, more efficient and less formal way of delivering entitlements. However, it would be wrong to assume that the cost of fraudulent claims does not impact on the cost of insurance - it does. If the level of fraud is €100 million, which is the insurance federation estimate, policyholders are paying for that by way of higher premium costs. It is in everyone's interest to root out fraud and to deal seriously with it as policy-holders are being defrauded.
The courts should only be a place of last resort with regard to the settlement of claims. Liability is a matter for the courts but it is intended that mediation will occur before people go before a judge, and a judge will only be involved as a last resort in determining the level of the claim or the issues surrounding liability. That is as it should be. Judges are not appointed to decide what a broken leg or back is worth; they have no greater expertise in that than other experts. In time, it is my intention that the PIAB will be part of the courts infrastructure. It will not be a stand-alone body attached to another organ of the State but will be under the remit of the Department of Justice, Equality and Law Reform. Obviously, it must be up and running, with experience and credibility, before that scenario can be arrived at.
There are other insurance models. Cars could be insured rather than individual drivers, and premiums could be abandoned and the cost of insurance carried by increases in taxes on petrol. The big difference between mainland European countries and Ireland is that insurance is carried through the social security system in Europe and the state carries a higher proportion of the cost there. A new official in my Department, Mr. Stephen Watkins, has been assigned responsibility for driving this agenda and he would be delighted to make himself available to the committee from time to time. It might be a good idea for the committee to seek a report every six weeks or so on the progress being made in this area. The momentum must be kept up. This is not a party political or Government issue but one that involves everybody. There are genuine concerns on all sides of the Houses and Members are not seeking to score political points because it has gone beyond that.
I have a note which mentions the phrase, "forced into the arms of a solicitor". I do not want to force anyone into anyone else's arms, though the legal profession has an important role to play in this regard. However, the PIAB will be a piece of infrastructure that might not require as many lawyers as is the norm in other places. That might be no bad thing. There is a lot of work for lawyers in Ireland and a particularly buoyant employment market in the legal profession at present.
Lawyers should not necessarily be involved every time somebody seeks to make a claim. It may well be that people will need some legal assistance when compiling application forms for the PIAB but it is intended that the PIAB system will be paper based, not a forum for people to come before in an advocacy role. Matters will be dealt with behind closed doors by a group of appropriate citizens with the credibility to ensure that people will want their claims dealt with in that way. I know that the PIAB is very concerned about this issue.
I thank the committee for its invitation. I will make the heads of the Bill available to it, with any other information regarding the progress being made. I chaired the ministerial committee on insurance and it would be no bad thing if the other relevant Ministers - the Ministers for Justice, Equality and Law Reform and Transport - came to talk to the committee with regard to their part of the reform agenda. The ministerial committee met last week and will meet again during March, and it hopes to meet with the insurance federation on that occasion. Ms Dorothea Dowling of the PIAB attended last week's meeting. We are trying to work with the different elements involved with this reform and it would be good if the Committee on Enterprise and Small Business were to meet with the other Ministers, though that is a matter for the committee. I appreciate what the committee is trying to do to highlight the high cost of insurance and to give its support to the reform agenda.