Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 3 May 1990

Vol. 398 No. 3

Adjournment Debate. - Insurance Cover Costs.

I want to thank you for allowing me to raise this matter. Insurance costs are too high. Insurance is a heavy burden for motorists, especially young drivers. It is even more serious for employment as many firms find the cost of employers' and public liability insurance prohibitive. Recent increases in insurance rates were prompted by an increase in the number of road accidents and the resulting claims, an increase in the cost of car repairs and spare parts, higher levels of damages awarded and the readjustment to compensate for excessive rate reductions to the competitive pressures over the past two years.

It cannot be stated often enough that insurance premiums are directly and inextricably linked to claims. In large part it is action by the individual, a firm, or even the community itself which will bring about a reduction in insurance costs ultimately.

The features in the insurance industry that need to be addressed include cost, availability of insurance, competition and safe practices. Contributing to the high and escalating costs of insurance is the high level of uninsured driving, legal costs, vehicle defects, the claim consciousness of the Irish public and compensation levels. We are told that the frequency of whiplash claims here exceeds that of the UK several times over. In the Republic of Ireland in the past year or so the number of people making whiplash claims as a result of accidents has increased by 15 per cent. We are fast acquiring a reputation as the greatest claim conscious State in Europe.

The Minister for Industry and Commerce recently reacted erratically to the increasing level of insurance costs. First, he singled out the Bar Council of Ireland, then the courts and recently he spoke about changing the system of paying compensation. This haphazard and uncoordinated approach to the problem in my view, is not the solution. The Minister has had time to bring forward his radical plans to reduce insurance costs, but as he undoubtedly realises, it will take a concerted action by many Government Departments to bring about a reduction in motor insurance premiums over a period.

It is disappointing that the abolition of trial by jury in High Court personal injury actions has not brought the anticipated reduction in claim costs. It appears that the new system of trial by judge alone has led to an increase in the level of damages being awarded. I suppose much will depend on the outcome of the cases now before the Supreme Court, and the attitude that court will take to levels of compensation will signal the way compensation claims will go in future. The increase in the cost of claims coupled with the appreciable rise in the number of claims has forced many companies to increase premiums in recent months. There is no doubt that we are generous in the manner in which we compensate accident victims. The public will have to accept that changes in compensation, particularly for minor or less serious claims, will have to be made in order to reduce premiums, otherwise the consumer must be content to pay the high level of insurance premiums required to fund such generous levels of compensation.

We already know the reasons for the high cost of motor insurance: our high accident rate, the high cost of settling claims under our present legal system, and the high incidence of uninsured driving. I am calling on the Minister to take a major initiative to reduce the level of road accidents. This would contribute enormously to a reduction in motor insurance costs and I ask the Minister to enter into discussions with his colleague, the Minister for the Environment, to do so. In fact, he has only to examine the number of hospital beds occupied by road accident victims to know the huge deployment of State resources to deal with road accidents. The following could contribute to a reduction in road accidents: a special Garda traffic squad to strictly enforce road traffic regulations; the elimination of accident black spots around the country; compulsory testing of vehicles over four years old; and a minimum standard of driving for provisional licence holders. The implementation of these measures would contribute to a reduction in insurance premiums.

There could be a reduction in claims if we had major reforms of court practices and procedures to reduce the level of fees to the legal profession, particularly since the abolition of the three counsel rule. Indeed, it has come to my notice that in spite of the abolition of the three counsel rule, the level of fees continues to remain as high as ever. It is for the Minister to initiate legislation to set the correct amount of fees which should be levied in this case.

The Garda Síochána have insufficient powers and they should have considerably more powers to impound all uninsured vehicles to eliminate uninsured driving. Payments for less serious claims, which are much higher than in the UK, should be agreed outside court, and this would make it less expensive. I am particularly alarmed that there seems to be no light at the end of the tunnel in the amelioration of the present financial problems of the insurance industry. Various insurance companies have made substantial losses in 1989.

I am involved in the insurance business and I have a vested interest which I declare this evening in so far as I have been engaged in the insurance business for many years. The Guardian Royal Exchange Insurance Company had a policy in giving full open driving insurance and this opened the floodgates for provisional licence holders and young drivers who had little or no experience and the company have experienced many difficulties as a result of that policy. They have now restricted the cover they had prior to 1989 and it is now very difficult to get insurance cover for young drivers; indeed, if they can get cover, it is very expensive. Other companies have put restrictions on policy holders, and it is now difficult to get public liability insurance cheaply. The Minister will be aware that some businesses find the cost of appropriate public liability insurance to maintain their existing staff levels let alone increase staff to keep the business going, prohibitive.

Some ill informed commentators anticipate that premiums for policy holders will be reduced after the completion of the Internal Market. However, nothing could be further from the truth, when one considers that 75 per cent of the Irish insurance market is operated by foreign companies. The Government, insurers and policy holders have a role to play in bringing about a reduction in the number and cost of claims, thus reducing premium levels. I am calling on the Minister to urgently launch a concerted initiative so that consumers can expect to get a reduction in insurance premiums in the future.

It is clear that claims frequency, the cost of claims arising and underwriting losses are increasing. Therefore, one cannot expect insurance rates to stabilise when the costs which these rates must absorb are increasing. However, one must recognise that there are signs that motorists, as Deputy Hogan has suggested, are becoming frustrated, to say the least, at the level of premiums they are required to pay. This is hardly surprising given that before the recent increases, our premiums were among the highest in the world, and certainly seemed to me to be the highest in Europe. This unsatisfactory state of affairs is not just sheer chance or bad luck. Premiums are so high because our costs, and in particular, our awards are among the highest in the world.

The crunch question, I suggest which society must ask itself is whether we want a continuation of these large awards and other heavy costs and the continuation of abnormally high premiums, or do we want normal costs and awards and normal premiums? Having asked ourselves that question, we and society generally must then endeavour to answer it honestly. Up until now we have been dishonest. We have said, in effect, we want higher awards than anywhere else, we want to bring more claims, both genuine and spurious, than anywhere else, but we do not want to pay more than anybody else. We cannot live this lie any longer. It is time to begin to face up to reality. I am the person who is expected primarily to give some guidance towards resolving these apparently conflicting interests. I believe we need to take a fundamental look at the manner in which and the extent to which compensation is determined and paid to those who sustain personal injuries in this country.

A large insurer recently asserted that the average Irish third party injury claim was six times more expensive than the equivalent figure in the United Kingdom. I ask, why this is so, and thus my recent references to the need to give consideration to the establishment of a tribunal for personal injury claims. Likewise, we need to consider the possibility, as other countries have also done, of no fault liability in such claims. I am not certain that no fault liability would necessarily be more satisfactory or cheaper, but some countries have found it so. If we had a simple system of awarding compensation, would it not be cheaper and more efficient than our present cumbersome and prolonged court system? We need to start debating and answering these questions.

I am grateful to the Deputy for, at least in a very brief way, allowing us to begin that debate in this House tonight.

It is necessary that the debate be broadly based and not just confined to the predictable responses of vested interests, which unfortunately has been the case since I spoke on this matter a few days ago. Let people who are representing consumer interests and general interests, and not just vested interests, contribute to it. I have put forward some suggestions and although they may not be the wisest or the best in the world at least they are positive suggestions. I believe they will do much to alleviate the appalling problem we have, a problem that we cannot continue to suffer from and one that I will endeavour, notwithstanding the efforts of vested interests, to change and improve for the benefit of the people of this country, both in terms of business users and personal or social users of the various services concerned.

Barr
Roinn