asked the Minister for Industry and Commerce if he will introduce legislation to amend section 3 of the Insurance Act, 1964 (No. 18 of 1964) by inserting the words "or part of any sum" after the word "sum" where it first appears in subsection 1 of that section.
Ceisteanna—Questions. Oral Answers. - Amendment of Insurance Act.
39.
I do not propose to promote amending legislation on the lines suggested.
I understand that, in cases where more than one claim is involved under a policy, the liquidator will be prepared to make an application to the High Court for payment out of the Insurance Compensation Fund of an amount in respect of that portion of the liability which has been determined. Arrangements for one such application are now under way.
Is that the case I referred the Minister to?
It is.
Is the Minister aware that in that case the applicant, who would be entitled to, I think, £1,500, has since died in the county home in very hard circumstances simply because of the failure of the Minister to permit this application at the proper time?
I am not so aware. The Deputy is as well aware as I am that control of this fund is with the High Court and not with the Minister.
The Minister brought in the legislation. The judge has ruled that under that Act——
The point is that the judge has not ruled as yet. This is why the application has been brought. As I pointed out to the Deputy on a previous occasion the liquidator acted on legal advice. There has not been a court ruling.
Will the Minister say why he said on the previous occasion that the matter was being dealt with in the ordinary form of liquidation proceedings?
The Deputy is aware that under ordinary liquidation proceedings the liquidator acts on the legal advice he receives.
The Minister knows very well that a bad mistake was made in this case. I am glad to hear, at least for the sake of other people, that steps are now being taken to correct it.