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Dáil Éireann díospóireacht -
Wednesday, 5 Jun 1985

Vol. 359 No. 3

Ceisteanna—Questions. Oral Answers. - Uninsured Driving.

3.

asked the Minister for Justice the number of convictions for driving without motor insurance in the years 1981, 1982, 1983 and up to September 1984.

Limerick East): The figures compiled by the Garda Síochána refer to all offences relating to compulsory vehicle insurance and accordingly include, for example, offences of failing to produce a certificate of insurance at a Garda station within the prescribed period of ten days as well as offences of having no insurance. On that basis the figures for 1981, 1982, and 1983 are 27,812; 38,209 and 49,883.

However, account must also be taken of cases where the charge was proved and an order made without conviction under the Probation and Offenders Act, figures for which were 4,854; 5,383 and 9,198 in the years mentioned.

Those figures are published in the Annual Crime Reports of the Commissioner which are available in the Library. I am informed that the 1984 report will be published shortly.

There is almost a 100 per cent increase in the first set of figures and just over 100 per cent in the second set which the Minister has given to us. Would the Minister agree that the increase in these figures indicate that the problems arise from the dramatic increase in insurance premiums? What steps does he propose to take to eliminate some of the factors such as litigation costs? When does he propose to bring in amending legislation as regards jury trials in civil cases?

That seems to be a seperate question. This is a statistical question.

(Limerick East): The increase in numbers may be due as the Deputy suggests, to the increase in insurance premiums but they are also due to increased Garda activity on the road traffic side and to the increased number of gardaí which we have had since 1981. Motor insurance is primarily a matter for the Minister for Industry, Trade, Commerce and Tourism. I will be putting proposals to Government shortly which will affect jury trials in cases such as the Deputy mentioned.

Does the Minister agree that there is an element of self-financing in insurance schemes? Would the Minister agree that if more people paid insurance premium it would be possible to reduce the premium?

(Limerick East): For me to agree or disagree would be to express a private opinion. So far as motor insurance is concerned, the Garda are responsible for the enforcement of the law. I am responsible to the House for giving information about convictions. The main responsibility for motor insurance does not lie with the Department of Justice. If the Government decide to make a change from the jury trial system it would be my responsibility to bring in legislation but otherwise motor insurance is not the responsibility for the Minister for Justice.

Deputy Taylor.

I put down the question.

What progress has been made in having compulsory insurance discs exhibited?

There is a lot to be said for Deputies who put down questions having preference but I have no authority to impose such a rule.

I put down the question last week and three people came in before me. Before I had an opportunity to ask a supplementary they had asked all the questions.

I called the Deputy to ask the first supplementary.

I asked the Minister what progress has been made regarding the introduction of insurance discs.

(Limerick East): Road traffic legislation is a matter for the Minister for the Environment. I understand legislative arrangements had been made for the display of discs but I am not in a position to give an answer about the state of play of that because it is not within my area of responsibility.

I am glad to hear that the Minister will introduce legislation in relation to amending the trial by jury system. One of the other factors clearly identified by the motor industry has been over-representation by the legal profession in the courts. Has the Minister any proposals in that area to streamline civil cases? Will he bring forward proposals in that area? Much of the cost of litigation is due to over-representation. There are two senior and one junior counsel and a solicitor representing one side and the same number of people representing the other side.

That does not arise on this question.

It is a major factor.

It may be, but if we were to discuss the work of the courts and the reasons for increases we would be covering a wide field.

I am trying to get at the factors which are causing these dramatic increases.

That is a seperate question, but I will leave it to the Minister.

(Limerick East): I have no such proposals at the moment.

As so many motorists are driving without insurance, with the result that many claims cannot be met, does the Minister agree that it is time for his Department, the Department of Industry, Trade, Commerce and Tourism and the Department of the Environment to come together in relation to discs and to bring in regulations which will eliminate this problem?

(Limerick East): Quite recently the Minister for Industry, Trade, Commerce and Tourism, speaking in the House, indicated that there would be a co-ordinated approach to this problem. In so far as it concerns me, I have given the information in relation to convictions and what is happening in regard to juries. The Minister for the Environment is proceeding in relation to discs and I know that the Minister for Industry, Trade, Commerce and Tourism has a series of proposals which he intends implementing.

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