Written Answers Nos. 251-269
251. Deputy Michael McGrath asked the Minister for Justice and Equality when he expects a report on the impact of legal and other fees on personal injury awards under recommendation No. 22 of the report on the cost of motor insurance; and if he will make a statement on the matter. [22354/18]
Amharc ar fhreagra265. Deputy Michael McGrath asked the Minister for Justice and Equality when he expects to introduce the legislation covering recommendation No. 16 of the report on the cost of motor insurance dealing with pre-action protocols for personal injury cases; and if he will make a statement on the matter. [22350/18]
Amharc ar fhreagra266. Deputy Michael McGrath asked the Minister for Justice and Equality when he expects a report on the impact of changes to the court jurisdictional limits under recommendation No. 23 of the report on the cost of motor insurance; and if he will make a statement on the matter. [22355/18]
Amharc ar fhreagra267. Deputy Michael McGrath asked the Minister for Justice and Equality when he expects the examination of the discount rate for personal injury lump sum awards to be completed under recommendation No. 24 of the report on the cost of motor insurance; the number of times his Department has met with the Department of Finance and the State Claims Agency on this recommendation; and if he will make a statement on the matter. [22356/18]
Amharc ar fhreagra269. Deputy Michael McGrath asked the Minister for Justice and Equality if he will dedicate more resources to the Courts Service to adequately maintain a register of personal injury actions under section 30 of the Civil Liability and Courts Act 2004 with regard to recommendation No. 27 of the report on the cost of motor insurance; his views on whether amending legislation will be required; when he expects to introduce such legislation; and if he will make a statement on the matter. [22358/18]
Amharc ar fhreagraI propose to take Questions Nos. 251, 265 to 267, inclusive, and 269 together.
The Report on the Cost of Motor Insurance, published in January 2017, was prepared by the Cost of Insurance Working Group which is currently chaired by my colleague, Michael D’Arcy T.D., Minister of State at the Department of Finance with special responsibility for Financial Services and Insurance. I and my Department, and its relevant agencies, continue to support the Chair and members of the Working Group in their working objective to identify immediate and longer term measures which can address increasing costs, while bearing in mind the need to maintain a stable insurance sector. Moreover, my Department continues to discuss these matters and those recommendations arising in appropriate detail and directly with the membership of the Working Group which also includes the Department of Finance, the Department of Business, Enterprise and Innovation, the Central Bank of Ireland, the State Claims Agency and the Personal Injuries Assessment Board.
In replying to the series of Questions from Deputy McGrath, I would like to take this opportunity to point out that the Department of Finance produces regular quarterly updates on the progress of the main Report of the Working Group on the Cost of Insurance by reference to the specific recommendations made including those which fall to my Department. The most recent of these, publicly available on the website of the Department of Finance, is the Fifth Quarterly Progress Update which was published on 11 May 2018. This latest update also includes details of the implementation of the Action Plan of the Report on the Cost of Employer and Public liability Insurance published by the Working Group in January 2018. In replying to each of the recommendations that have been raised by Deputy McGrath I will, therefore, be reflecting the content of the Fifth Quarterly Progress Update as it relates to my Department.
Recommendation 16 of the Motor Report seeks to ascertain and set out the measures necessary to implement pre-action protocols for personal injury cases. Draft Heads have been prepared by my Department to provide for regulations on the use of such protocols. The draft Heads are being discussed further with the a view to their being agreed in this Quarter. It should also be remembered that their introduction is being informed by the development of such protocols for medical negligence cases under Part 15 of the Legal Services Regulation Act 2015 for which I expect to issue the relevant regulations soon.
Recommendation 22 of the Motor Report is to examine the impact of legal and other fees on personal injury awards. While the review has been commenced, definitive conclusions from somewhat limited available data have been difficult to draw to date. However, in the context of the set-up of the new Office of the Legal Costs Adjudicators which is to replace that of the Taxing-Master under the Legal Services Regulation Act 2015, a new publicly accessible Register of Determinations is to be maintained which will provide enhanced data for such purposes.
Recommendation 23 of the Motor Report is to review the impact of the changes to the court jurisdictional limits as they evolve. The Courts Service has provided my Department a first provisional data set which is being analysed at present and matters are on track for a report to be submitted to the Working Group by the required deadline of Q2 2018.
Recommendation 24 of the Motor Report is to examine the setting of the discount rate in personal injury lump sum awards. My Department is examining this issue in consultation with the Department of Finance and the State Claims Agency with whom it has also met specifically on this issue. As part of this work, account is being taken of recent Irish case law and of relevant developments in the United Kingdom and their potential applicability in an Irish context. The relevant findings will be brought soon for consideration by the Working Group.
Recommendation 27 of the Motor Report is to review section 30 of the Civil Liability and Courts Act 2004 which provides that the Courts Service will establish and maintain a register of personal injuries actions. While the development of the register has been progressed by the Courts Service there are some issues of a technical and data protection nature which have arisen and require further consideration. The Courts Service may wish to propose amendments to section 30 and intends to report on these aspects in Q2 2018. My Department will consider this report when it is received in consultation with the Working Group.
My commitment and that of my Department to the Cost of Insurance Working Group is reflected in the fact that my Department and its relevant agencies have the lead in the implementation of 8 of the recommendations of the Report on the Cost of Motor Insurance and 9 of the recommendations of the Report on the Cost of Employer and Public Liability Insurance. This commitment is also reflected in the continuing and active participation of officials of my Department in the deliberations of the Working Group and those of its Legal Sub-Group as well as in the work of the Personal Injuries Commission which has been set up on recommendation of the Working Group. We continue to work closely with Minister of State D'Arcy as Chair and with other members of the Working Group in support of insurance costs reform under this key Government initiative.
252. Deputy Martin Ferris asked the Minister for Justice and Equality if his attention has been drawn to persons (details supplied) who were victims of human trafficking on Irish-flagged fishing vessels between January and April 2018. [22500/18]
Amharc ar fhreagraI am advised by the Garda authorities that on Friday 13 April, 4 Ghanaian men who came to Ireland to work in the fishing industry entered the National Referral Mechanism (NRM) as potential victims of human trafficking. The NRM is a system to ensure potential victims have their basic needs met in the initial period after the referral, in terms of the provision of accommodation, food and healthcare needs. The investigation of a complaint of human trafficking is a matter for An Garda Síochána and I am advised that the men in question have engaged with the Human Trafficking Investigation and Coordination Unit of An Garda Síochána.
253. Deputy Martin Ferris asked the Minister for Justice and Equality to outline his plans to review and introduce further regulations to prevent potential victim trafficking in the fishing sector. [22503/18]
Amharc ar fhreagraI am advised by officials of the Irish Naturalisation and Immigration Service of my Department that The Atypical Scheme for Sea Fishers was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet. A number of Departments are involved in the scheme and it is monitored by an Oversight Committee, which is chaired by the Department of Agriculture Food and the Marine, with members from relevant Departments and State Agencies. It is not therefore within the remit of my Department to amend or introduce new regulations in relation to the Atypical Worker Scheme for Sea Fishers and any changes to the scheme would in the first instance be a matter for the Oversight Committee and the relevant Departments and would also require the approval of Government.
I can assure the Deputy of my Department's commitment, in conjunction with relevant Government Departments and State Agencies, to ensure appropriate legislation and regulations are in place to prevent trafficking and protect potential victims of trafficking, regardless of the circumstances in which it arises.
254. Deputy Robert Troy asked the Minister for Justice and Equality to outline the regulations in place for the operation of the Coroner Service. [22606/18]
Amharc ar fhreagraThe primary legislation that governs the work of the coroner, an independent quasi-judicial officer, is the 1962 Coroners Act.
This Act has been amended on a number of occasions, notably by the Coroners Amendment Act, 2005, Civil Law (Miscellaneous Provisions) Act, 2011, Courts and Civil Law (Miscellaneous Provisions) Act, 2013, and S.I. 155 of 2009.
255. Deputy Brian Stanley asked the Minister for Justice and Equality to set down the number of gardaí stationed in Monasterevin; the opening times of the station; and his plans to increase the number of gardaí in this station. [21990/18]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, and decisions in relation to Garda station opening hours and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
The Deputy will be aware the Monasterevin Garda Station forms part of the Kildare District in the Kildare Division. I am informed by the Commissioner that on 30 April 2018, the latest date for which figures are readily available, the strength of the Kildare Division was 365, of whom 129 and 5 were assigned to the Kildare District and Monasterevin Garda Station respectively. There are also 19 Garda Reserves and 30 civilians attached to the Division.
When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
I am further advised by the Commissioner that Monasterevin Garda Station is open daily from 10.00am - 1.00pm subject to the operational requirements of the Division.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.
Since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 85 members have been assigned to the Kildare Division. Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 – a net increase of over 600 since the end of 2016.
I am pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College, some 400 of whom have already done so. In total, 800 Garda trainees are scheduled to attest during the year, some 200 of whom have attested so far. Further, Garda numbers, taking account of projected retirements, are on track to reach 14,000 by the end of this year.
Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 1,600 more Garda members to be recruited on a phased basis over the next two years. This is an ambitious programme of accelerated recruitment. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner last week with a closing date of 6 June. The competition is being undertaken by the Public Appointments Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.
In addition to the investment in more Gardaí, a further 500 civilians will be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.
This focus on investment in personnel is critical. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí. Undoubtedly, the ongoing recruitment process will support all Garda activities and enhance visibility within our communities and will enable the Commissioner to provide additional resources across every Garda Division, including the Kildare Division, as new Garda recruits continue to come on stream.
256. Deputy John Brassil asked the Minister for Justice and Equality if he will address a matter (details supplied); and if he will make a statement on the matter. [22017/18]
Amharc ar fhreagraAs the Deputy will be aware, there has been a considerable number of Questions in the House over many years answered by previous Ministers for Justice and Ministers for Defence regarding the matters raised on behalf of the individual to whom the Deputy refers. This case in question dates back to 1989 and has also been the subject of extensive correspondence with successive Ministers for Justice going back over a considerable period of time, including legal correspondence from the person concerned.
I would note to the Deputy that it has been expressly stated by previous Ministers for Justice and Defence in the Dáil that the sale of the particular Army Barracks referred to was completed in March 2004. The Deputy will appreciate, of course, that the sale of the barracks in question was a matter for the Minister for Defence at that time. Given the foregoing, I do not propose to pursue the course of action which the Deputy suggests as I do not consider that it is either appropriate or necessary for me to do so.
257. Deputy Thomas Byrne asked the Minister for Justice and Equality to set down the Garda numbers for Dunboyne, County Meath; and his plans to increase Garda resources in the area. [22091/18]
Amharc ar fhreagraThe Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
As the Deputy will be aware the Dunboyne Garda Station forms part of the Ashbourne District in the Meath Division. I am informed by the Commissioner that on 30 April 2018, the latest date for which figures are readily available, the strength of the Meath Division was 312, of whom 125 and 16 were assigned to the Ashbourne District and Dunboyne Garda Station respectively. There are also 16 Garda Reserves and 30 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.
Since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 59 members have been assigned to the Meath Division. Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 – a net increase of over 600 since the end of 2016.
I am pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College, some 400 of whom have already done so. In total, 800 Garda trainees are scheduled to attest during the year, some 200 of whom attested in March. Further, Garda numbers, taking account of projected retirements, are on track to reach 14,000 by the end of this year.
Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 1,600 more Garda members to be recruited on a phased basis over the next two years. This is an ambitious programme of accelerated recruitment. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner last week with a closing date of 6 June. The competition is being undertaken by the Public Appointments Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.
In addition to the investment in more Gardaí, a further 500 civilians will be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.
This focus on investment in personnel is critical. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí. Undoubtedly, the ongoing recruitment process will support all Garda activities and enhance visibility within our communities and will enable the Commissioner to provide additional resources across every Garda Division, including the Meath Division, as new Garda recruits continue to come on stream.
258. Deputy Mattie McGrath asked the Minister for Justice and Equality to outline the breakdown of the training and development and incidental expenses incurred by his Department in the year ending 31 December 2017. [22144/18]
Amharc ar fhreagraI wish to advise the Deputy that expenditure under the relevant subhead of my Department's Vote (Vote 24, Administration subhead (iii) - “Training and Development and Incidental Expenses”) amounted to €6.099m in the year ending 31 December 2017. This consists of €0.8m for Training and Development, €2.1m for Legal Expenses and €3.2m for Incidental Expenses.
The Deputy may wish to note that this expenditure relates to the relevant administrative subhead of my Department's vote only and similar expenditure will also have been incurred in programme areas of the Vote.
259. Deputy Mattie McGrath asked the Minister for Justice and Equality to outline the breakdown of the travel and subsistence expenses incurred by his Department in the year ending 31 December 2017. [22160/18]
Amharc ar fhreagraI wish to advise the Deputy that expenditure under the relevant subhead of my Department's Vote (Vote 24, Administration subhead (ii) - “Travel & Subsistence”) amounted to €0.386m in the year ending 31 December 2017. The breakdown of this total consists of €0.144m for Domestic Travel expenses and €0.242 m for Foreign Travel expenses, which includes €0.176 m in EU-related travel expenses.
The Deputy may wish to note that this expenditure relates to the relevant administrative subhead of my Department's vote only and similar expenditure will also have been incurred in programme areas of the Vote.
260. Deputy Mattie McGrath asked the Minister for Justice and Equality to set down the consultancy services, value for money and policy review expenses incurred by his Department in the year ending 31 December 2017. [22176/18]
Amharc ar fhreagraI wish to advise the Deputy that expenditure under the subhead of my Department's Vote referred to (Vote 24, Administration subhead (vii) - “Consultancy services and value for money and policy reviews”) amounted to just over €30,000 in the year ending 31 December 2017.
The Deputy may wish to note that this expenditure relates to the relevant administrative subhead of my Department's vote only and similar expenditure will also have been incurred in programme areas of the Vote.
261. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he will address the length of delays in the processing of applications for visitor visas from India to Ireland; the reason for these delays; and if he will make a statement on the matter. [22275/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the current processing time for 'Visit' visas in the Visa Office, New Delhi is 5 weeks. Applicants can usually expect a decision within about 4 to 6 weeks after their documents are received and every effort is made to keep processing times to the minimum.
More generally, I am advised that processing times in Visa Offices may vary having regard to seasonal demands, the volume of applications received, the particular merits of individual applications, their complexity, whether there is need to investigate or enquire further, and the resources available.
262. Deputy Margaret Murphy O'Mahony asked the Minister for Justice and Equality to outline the number of convictions arising under section 26 of the Civil Liability and Courts Act 2004; and if he will make a statement on the matter. [22278/18]
Amharc ar fhreagraAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that section 26 of the Civil Liability and Courts Act 2004 does not prescribe any offence and therefore no conviction can arise. Section 26 of the Act requires a court to dismiss a personal injuries claim where the plaintiff gives evidence that is false or misleading and that he or she knows to be false or misleading, or causes false or misleading evidence to be given with the intention of misleading the court, unless dismissal of the action would result in injustice being done.
However, section 25 of the Act provides that it is an offence for a person to give or adduce evidence in a personal injuries action that is false or misleading and that the person knows to be false or misleading, or to cause false or misleading evidence to be given or adduced with the intention of misleading the court. It is also an offence for a person to give false or misleading instructions or information to a solicitor or expert in relation to a personal injuries action or to cause false or misleading instructions or information to be given with the intention of misleading the court.
The Courts Service has advised that statistics are not compiled in such a way as to provide information with regard to the number of convictions arising under section 25 of the Act. I have requested the Courts Service to examine the requirements, including system development and resource issues, needed to enable the compiling of such statistics going forward.
The Deputy will wish to be aware that the issue of fraud in the personal injuries litigation area is being examined as part of the ongoing work of the Cost of Insurance Working Group, which is chaired by my colleague Minister of State Michael D’Arcy, and an initial roundtable was convened by the Department of Finance in late 2017 to listen to the views of all of the key stakeholders in relation to insurance fraud. In January 2018, the Working Group produced its ‘Report on the Cost of Employer and Public Liability Insurance’ which includes a number of specific recommendations in relation to the production of statistics by An Garda Síochána and the Courts Service on complaints, investigations, prosecutions and convictions relating to fraud within the personal injuries area.
Recommendation 13 of the Working Group's employer and public liability insurance report recommends that Insurance Ireland, An Garda Síochána and the Office of the Director of Public Prosecutions agree a set of guidelines in respect of the reporting of suspected fraudulent insurance claims. While guidelines were published in 2004, the Working Group noted that these have only been used to a very limited extent over the years and proposed that a new set of guidelines should be developed, using the 2004 protocol as a starting point. Consultations with various interested parties on the proposed guidelines have taken place and it is anticipated that a new set of guidelines will be completed during Quarter 3 2018.
It should be noted also that the Courts Service and An Garda Síochána are engaging with my Department on an ongoing basis in relation to the recommendations of the Cost of Insurance Working Group.
The Deputy may also be interested to note that the Department of Finance issues regular quarterly updates on its website of the progress of the respective reports of the Cost of Insurance Working Group, the latest and Fifth Quarterly Progress Update having been published on 11 May 2018.
263. Deputy Seán Haughey asked the Minister for Justice and Equality if his attention has been drawn to a serious incident which took place in Clongriffin DART station, Dublin 13, on 8 May 2018 whereby a number of youths vandalised a DART train as it arrived into the station and then proceeded to engage in other serious anti-social behaviour and accost members of the public; if this incident will be the subject of an official investigation by An Garda Síochána in conjunction with Irish Rail; if he is satisfied that Coolock Garda station has sufficient personnel and resources to deal with crime in the Clongriffin area and the district generally in view of the increasing population in the locality; and if he will make a statement on the matter. [22286/18]
Amharc ar fhreagraI am of course aware of the serious incident that took place recently concerning a number of youths who vandalised a DART train as it arrived into Clongriffin station. The youths in question then proceeded to engage in other serious anti-social behaviour and accost members of the public. This is completely unacceptable behaviour and will not be tolerated. I am advised that this incident is now the subject of an official investigation by An Garda Síochána, in conjunction with Irish Rail, with CCTV footage being reviewed to help identify the culprits. Photographs were also taken at the scene of the ‘graffiti tags’ which are also being circulated in order to identify any links with known graffiti offenders and I would encourage anyone with information about this incident to contact An Garda Síochána as soon as possible.
In terms of tackling this particular type of crime, I am advised by An Garda Síochána that Garda management engages extensively with transport operators and a range of regional and local operations have been put in place to address incidents and issues that have arisen at specific locations. There is ongoing communication between An Garda Síochána and the respective control centres, and access to good quality CCTV helps provide assistance to Gardaí when investigating serious incidents, such as what we saw in Clongriffin recently.
Furthermore, the Deputy will be aware that An Garda Síochána already employs a wide range of operational measures aimed at tackling public-order offences and anti-social behaviour. These measures are underpinned by the existence of a comprehensive legal framework, which assists the Gardaí in tackling this type of crime. Of course, addressing local community concerns in relation to public order and anti-social behaviour is a key focus in An Garda Síochána's National Community Policing Model and a range of strong legislative provisions are available to An Garda Síochána in this regard, including those under:
- the Criminal Damage Act 1991;
- Criminal Justice (Public Order) Act 1994;
- the Criminal Justice (Public Order) Act 2003; and
- the Intoxicating Liquor Acts 2003 and 2008.
For its part, the Government remains committed to ensuring that An Garda Síochána have all the necessary resources to tackle all forms of criminality in our communities. In this context, the Deputy will be aware that some €1.65 billion has been allocated to the Garda Vote for 2018 and €98.5m has been provided for Garda overtime for 2018.
The Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track.
264. Deputy Thomas P. Broughan asked the Minister for Justice and Equality to outline the number of persons arrested and charged under section 7 of the Public Order Act 1994 in each of the years 2015 to 2017 and to date in 2018, in the Dublin metropolitan region of An Garda Síochána; and if he will make a statement on the matter. [22301/18]
Amharc ar fhreagraThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. I have asked the CSO to forward any available statistics in this regard directly to the Deputy.
268. Deputy Michael McGrath asked the Minister for Justice and Equality when he expects to establish a fully functioning integrated insurance fraud database for the industry to detect patterns of fraud under recommendation No. 25 of the report on the cost of motor insurance; when he expects the detailed data protection impact assessments to be completed; if the existing insurance link database is available to all participants in the insurance market and not only members of an organisation (details supplied); and if he will make a statement on the matter. [22357/18]
Amharc ar fhreagraRecommendation 25 of the Cost of Insurance Working Group's ‘Report on the Cost of Motor Insurance’ (January 2017) recommends the establishment of a ##fully functioning, integrated fraud database for industry to detect patterns of fraud, to be managed by an independent not-for-profit body and to be funded by industry.
As recommendation lead, my Department established a working group to progress the related action points. The Group is made up of representatives from my Department, An Garda Síochána’s National Economic Crime Bureau (GNECB), Insurance Ireland and the Motor Insurers' Bureau of Ireland (MIBI). The Group has completed a report, which includes recommended parameters for the database, who will be responsible for administering the database and disseminating data and how the database will be funded.
The report of the Group was submitted to the Office of the Attorney General and the Office of the Data Protection Commissioner (ODPC) and, in response, the ODPC has strongly endorsed the Group’s view that detailed Data Protection Impact Assessments (DPIAs) will be required in order to justify the potential addition of new datasets to the existing Insurance Link database, and the increased sharing of data. The ODPC also recommends that further work needs to be undertaken to detail the evidential requirements for the creation of a new database or the enhancement of the existing Insurance Link database.
The application of the General Data Protection Regulation (GDPR) later this week and the related data protection legislation, which I launched with Minister of State Breen in February this year, will have a significant impact on any new data sharing arrangements between industry members and between the industry and An Garda Síochána. As such, the establishment of any new data sharing structures will require careful consideration against the impending changes to the legislative landscape.
As a starting point, it is necessary for a review to be undertaken by the insurance industry of the information held on Insurance Link in the context of the GDPR. It is also necessary for the industry to assess in more detail what specific additional data is proposed to be shared and in what additional circumstances such data is proposed to be shared. It is essential that a critical balance is identified to ensure that data sharing between insurers is maximised while, at the same time, the data rights of the public are protected. Any changes, therefore, to the existing data-sharing arrangements for the purposes of Insurance Link must be proportional to their effect.
I am informed that Insurance Ireland expects to complete a detailed DPIA in this regard by the end of August 2018.
The Deputy will appreciate that, as further progress on Recommendation 25 will depend upon the outcome of this DPIA, it is not currently possible to provide a definitive timeframe for the establishment of the database. However, I can assure the Deputy that all action points associated with this recommendation have been completed, with the exception of the one longer-term action relating to the preparation of criminal justice legislation, if required, and the implementation of the database. The deadlines for these long-term matters have yet to be reached (Quarters 2 and 4 of 2018 respectively) although they cannot be progressed until the DPIA has been completed by Insurance Ireland.
As regards the Deputy’s query regarding the availability of the existing Insurance Link database to participants in the Irish insurance market, I am informed that access to this database is not exclusively available through or dependent on membership of Insurance Ireland. I am further informed that the effectiveness of the database in combatting insurance fraud is boosted by the increased number of entities who use this tool. However, the recommendation in the January 2017 Cost of Insurance Working Group report was for the database "to be managed by an independent not-for-profit body" and therefore any new database must be independent of industry.
