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Dáil Éireann díospóireacht -
Tuesday, 22 Nov 1983

Vol. 346 No. 1

Ceisteanna—Questions. Oral Answers. - Insurance Intermediaries.

15.

asked the Minister for Trade, Commerce and Tourism the action he proposes to take to regulate the position of intermediaries in the insurance business.

The position has not altered since I answered a similar question from the Deputy in May of this year in that I have no proposals to introduce statutory regulation of intermediaries in insurance. At a meeting held subsequently with representatives of brokers' organisations, officials of my Department outlined areas in which those organisations could usefully take action.

It is unfortunate the Minister takes this point of view so far as the question of either licensing or registration of intermediaries is concerned. It runs contrary to the recommendations of the committee of inquiry in 1977——

If the Deputy has a question he should ask it.

——and in fact the recommendations of the broker's submission which he referred to. Would the Minister agree that the existing legislation does not provide adequate protection for people who use intermediaries so far as the taking of insurance is concerned? Why is he being so stubborn in not accepting the recommendations of the committee and of the brokers who requested this registration?

The Deputy is getting argumentative.

There are 500 brokers in the country dealing with people's money and when a contract is made between the broker and the individual the insurance company have no obligation at all. It takes only one fraudulent broker to bring the house down around our heads. Would the Minister set up, in accordance with the recommendations of the brokers' association, a registration council, which would cost almost nothing?

When the Deputy is addressing the Chair it does not entitle him to make a long speech.

This would satisfy everybody concerned. Why will the Minister not do it?

Question No. 16.

Will the Minister give a good reason why he will not accommodate those people?

That is argumentative.

I think I should at least have a chance to reply to what the Deputy has said.

The Minister should not encourage further argumentative remarks.

With respect, I am not in control of the latitude Deputy Flynn cares to exercise——

He is not always able to exercise that control.

(Interruptions.)

I am not very difficult in the House.

I agree with that remark. When the Deputy is difficult he is difficult in a charming manner.

I am still anxious to hear the reason why the Minister will not accept the recommendation of the committee or the brokers recommendations.

Recommendations of committees in their totality are rarely accepted by any Government. There is no substantial reason to believe that legislation along the lines proposed by the Deputy would be effective. Experience in other countries where such legislation has been tried has proved to be wholly ineffective. The best solution is one that was suggested by Deputy Burke, when this question was raised before by Deputy Flynn some time ago, that the industry should have a self-regulatory system, which could operate very effectively indeed and has so operated in respect of other industries. With regard to the brokers seeking a particular approach by any Government, it is reasonable to say that they are usually in the situation of any vested interest group seeking a particular approach by a Government in that they are not always as objective as one would wish them to be. I do not believe there is any good sound reason for introducing legislation of the nature proposed by the Deputy because I do not believe it would be effective.

It is not strictly accurate to say that this is not a practice in other jurisdictions. Virtually all have a licensing or regulatory system dealing with brokerage. Is the Minister satisfied that the existing system works satisfactorily in all cases, even where a broker does not have professional idemnity insurance to cover his clients? Is the Minister stating that to be a fact?

I am stating that a self-regulatory system by the industry is the most effective way to deal with it. We have a number of insurance companies operating throughout the country who are dealing with very substantial sums of money. I have repeatedly told them that they also have a responsibility in this matter. Surely the Deputy appreciates that a broker cannot remain or even get into business unless insurance companies are prepared to do business with him and that there is an obligation on any company, particularly a company like an insurance company dealing with substantial sums of money, to ascertain to their complete satisfaction the bona fides of companies they wish to do business with or channel business through.

That is an extraordinary attitude for a so-called socialist Minister to take.

They have changed their policy.

The concern for my socialist soul coming from the benches opposite warms me considerably.

(Interruptions.)
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