Tuesday, 12 November 2019

Ceisteanna (233)

John Lahart


233. Deputy John Lahart asked the Minister for Justice and Equality if his attention has been drawn to a practice by which gardaí do not release reports to motor insurance companies without a fee being paid by the insurance company to the Garda station; if this is common practice; his views on whether it is having a negative impact on the processing of insurance claims; and if he will make a statement on the matter. [46186/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The Deputy will appreciate that, in accordance with the Garda Síochána Act, 2005, as amended, the Garda Commissioner is responsible for the administration and management of An Garda Síochána.

I am advised by the Garda authorities that persons involved in road collisions, their legal advisers, insurers or other interested parties, may, on written request and on payment of the prescribed fee, be supplied with an abstract report, copies of statements of witnesses, sketches and maps of the scene.

I am further advised that abstracts are not supplied until any criminal proceedings are concluded and, in the case of fatal traffic collisions, until the inquest concerning the death has been completed by the Coroner.

I am informed that the fee for provision of an abstract report stands at €60 and the fee for providing a copy of a statement increased to €40, with effect from 7 October, 2011. I am informed that since 2017 and under HQ Directive 36/2017, fees in respect of collisions resulting in serious injury have been capped at €1000, and fees are not applied in the cases of road fatalities.

Finally, I am informed that the fees charged are intended to recoup the administration costs to An Garda Síochána in providing these materials, such as staff time in processing the requests for abstracts and statements and disbursement costs such as stationary, photocopying and postage. I understand that these fees are kept under ongoing review.