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MIJAG -Motor Insurance Justice Action Group

Seanad Debates Official Report - 29/March/2001
Order of Business agreed to.

Motor Insurance: Statements.

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Treacy): Is cúis áthais dom a bheith anseo arís chun labhairt ar an rún seo faoi árachas d'aos óg na tíre. Táim ag súil go mbeidh díospóireacht spéisiúil againn agus go mbeimid in ann le chéile eolas cruinn beacht a chur faoi bhráid an tSeanaid.

I am happy to have this opportunity to discuss the issue of motor insurance for young drivers. Senators will be aware that the interim report of the motor insurance advisory board was released under the freedom of information legislation last week. I have provided copies of the interim report to the Clerk of the Seanad for Senators.

Since the early 1990s successive Governments have grappled with the issue of insurance costs, particularly for young drivers. There has been extensive research into ways of reducing insurance premiums. The research indicated that costs of settling claims, particularly personal injury claims, are largely responsible for high insurance costs. Further research was undertaken into possible solutions. A major outcome of that research is the second report of the special working group on personal injuries compensation, to which I will refer in greater detail later.

When I was appointed Minister of State with responsibility for commerce in October 1997, I provided that the research into personal injuries compensation should continue. I was aware of the degree of public concern surrounding the issue of motor insurance and, in particular, the issue of premiums for young drivers. It was clear that there was a need to inquire into the bases on which premiums were charged to people of both sexes and of different age groups. Accordingly, I set up the Motor Insurance Advisory Board, MIAB, in 1998 to examine the factors that influence the cost of motor insurance and the relationship between the premiums charged to different categories of drivers and the claims experience of those categories.

The Motor Insurance Advisory Board is chaired by Ms Dorothea Dowling who is claims manager of CIE and a fellow of the Chartered Insurance Institute, with 15 years of experience in the industry in both Dublin and London. The board members are representative of the various groups interested in motor insurance, including representatives of consumers, commercial motorists, young drivers, the Garda Síochána, the Department of Justice, Equality and Law Reform, the Department of the Environment and Local Government, the Department of Enterprise, Trade and Employment, driver trainers, the motor industry and, of course, the insurance industry, including brokers. It is an outstanding board. The board began its work in late 1998 and has dealt with a broad range of relevant issues as well as the issue of claims costs as compared with premiums charged.

The MIAB submitted its interim report to our Department last June. The board was conscious that the data on which it had based its first report was incomplete and that the findings were, therefore, tentative. Thus, the interim report clearly stated that the board required total access to the individual raw data from each insurance company before any firm conclusions could be reached. Further, it became clear last October that there were other deficiencies in the data. The board took the view that the flawed information compromised the already tentative conclusions of its report and brought that fact immediately to my attention.

In essence, the data concerning claims experience in various categories of drivers did not cover the whole market. The MIAB considered that the missing data was significant and could have an impact on the analysis. In addition, it was not clear that the data adequately identified different categories of driver - in particular, it was not clear that women drivers were always separately identified. The challenges in producing accurate data largely arose because the centralised IT system that the insurance industry used to deliver the earlier data had difficulties coping with mergers in the industry which had necessitated integration of sometimes different computer systems. It appears that these difficulties have been resolved and that the insurance industry is in a position to deliver accurate data to the MIAB at this time.

While the inferences that the MIAB had drawn from the incomplete information available to it were interesting, they could not be regarded as conclusions. Moreover, the board was careful to emphasise that they were not being regarded as conclusions by the board. Furthermore, the board pointed out that in calculating what it described as profits, it had not taken the insurers' administrative costs into account on the grounds that they would not differ from one policyholder to another. However, those costs existed. The board went on to point out that reliable raw data was required before it could draw conclusions about the relationship between premiums and claims experience for the various categories of driver within each company.

Clearly, the inferences drawn by the board were interesting and thought-provoking. However, to react to them would have been premature and ill advised. Once the board was in a position to confirm that the insurance industry would supply accurate data, I extended the appointment of the board to the end of 2001. I was anxious to facilitate the board's analysis of the data and the completion of its task in light of these early findings.

It is vital that any consideration by this Government of issues arising from the levels of motor insurance premiums should be on an accurate and well informed basis. The Government has a statutory duty to require insurance companies to comply with solvency legislation. That is one of the serious responsibilities I hold as Minister of State with responsibility for commerce. Consumers have a right to expect that the insurance companies they deal with will be in a position to pay claims and generally meet their obligations to their policyholders. This House does not need reminding that motor insurance companies have failed in the past.

The solvency regime imposed by the various insurance Acts restricts, at least theoretically, the entry of potential suppliers on the market and the reserving requirements imposed on insurance companies add to the cost and, therefore, the price of insurance. However, everybody will agree that the maintenance of the solvency regime is unquestionably in the interests of consumers. Accordingly, it is vital that the Government considers issues relating to the pricing of insurance on a basis that is demonstrably reliable and accurate. Thus it would not be in the interests of consumers and policyholders for the Government to react prematurely to incomplete information. The only sensible course is the one I have taken, which is to allow the board to continue its work so that it may carry out a full and detailed analysis on reliable and robust data.

I am most appreciative of the hard work already done by the board and the work now to be undertaken. I am also most appreciative of the outstanding work by the insurance division of my Department. This work will make a valuable contribution to informed debate on motor insurance costs. It is expected that the board will report towards the end of this year. The Government will take full account of the board's recommendations and will refer them, as appropriate, to the new financial services regulatory authority.

It may be useful to inform this House of the context in which insurance is sold in Ireland and the bearing it has on the options available to the Government in relation to pricing and underwriting of insurance. One of the fundamental principles of the Single European Market is the free movement of goods, services and citizens throughout the European Union. The third insurance directives provide the legal framework for the Single Market by setting out the rules to be observed by the supervisory authorities in all the member states. These rules facilitate the freedoms available under the treaty. As a result, any EU authorised insurer may offer insurance to any EU citizen without reference to country of origin. Equally, any EU citizen is entitled to purchase insurance from any EU authorised insurer.

The advantage of the Single Market, from the point of view of the consumer, is that it should increase competition resulting in downward pressure on prices. While a significant number of EU companies have notified us of their intention to offer insurance to Irish consumers on a services basis, there is little evidence that they are placing business on the Irish market. As the Single Market becomes a reality for both consumers and service providers, we will see more companies offering insurance, including motor insurance, here. I have frequently urged insurance intermediaries to seek quotes on behalf of their clients from insurers based elsewhere in the European Union. Representing Ireland internationally in insurance and other financial industries, I appeal to international insurance companies to deliver services here.

There are two principles in the regime established by the treaties and the third directives to be noted. One is that member states are explicitly prevented by the directives from intervening in the pricing of insurance. The other is the principle of free movement.

The ban on price intervention means that we cannot intervene to freeze, reduce or increase the price of motor insurance, either generally or for a particular group of motorists. The free movement principle means that I cannot compel any citizen to purchase insurance from a particular provider or in particular circumstances. It is not possible to compel motorists to join a "community rated" scheme such as we have for health insurance. In the event that such a scheme were set up, whether covering all motorists or only those within a certain age bracket, the best risks, that is the best risks as consumers, could exercise their rights as citizens of the European Union and opt out of the pool, thus defeating the purpose of the scheme. Evidence from such "young driver" schemes in the US suggests that best risks opt out and the price for those left in the pool escalates.

Although the European context in which we operate imposes these constraints, the Government is active in seeking alternatives to address the costs of insurance. One of the most important of these is the Government's intention to establish a personal injuries assessment board to improve the efficiency of the insurance claims process. The board will provide an independent forum to decide on compensation for injured parties quickly and in an unintimidating environment. It is not intended to reduce the amount of awards to injured parties. In its initial operational phase, the board will decide on the amount of personal injury compensation arising from employers' liability and will later assume responsibility for motor insurance claims. It will only decide on the issue of quantum, not liability. The board will not infringe on the individual's right of access to the courts. It will work as an independent and expert entity within the Courts Service. It will operate in a non-adversarial fashion and so should reduce the cost of delivering compensation for personal injury claims by streamlining the process.

Cost reduction will be achieved by reducing the number of cases which are settled by the parties following the instigation of court proceedings. At present only 10% of legal cases started for compensation reach the courts. The current practice imposes costs from which the injured party does not benefit, such as insurance administration, the expert witnesses and legal expertise. Research undertaken by the Motor Insurance Advisory Board indicates that a very high proportion of outlay on injury claims is absorbed by such costs. For every £100 compensation paid for injury in motor accidents, an extra 40% goes on lawyers' and experts' fees.

The Minister for the Environment has also taken a number of initiatives to reduce accident frequency. While accident rates remain too high, especially in view of their human costs, we are achieving real progress, particularly when the rates of accidents are compared with the rate of growth in car ownership. In 1996 there were 828,000 cars and today there are 1.3 million.

Yesterday, my Government colleague, Deputy Dempsey, Minister for the Environment and Local Government, announced the publication of the Road Traffic Bill, 2001, which extensively improves enforcement arrangements in relation to road traffic offences. The purpose is to achieve a reduction in road deaths and injuries. The Bill provides for the introduction of a penalty points system. Carelessness and lack of consideration on the road will attract penalty points. If a motorist accumulates 12 penalty points, he or she will be automatically disqualified from driving. This will cause motorists to drive with greater caution and consideration.

Speaking as Minister of State with responsibility for commerce, I am confident that my record speaks for itself. Last year, with the valuable input of this House and the Dáil, I steered the Insurance Bill through both Houses. Insurance intermediaries will soon be subject to a systematic supervisory regime so that consumers can have confidence in them. Consumers of life assurance are now entitled to receive important information before they purchase life assurance. Soon, the personal injuries assessment board will benefit injured consumers by giving them access to fast, transparent compensation for injuries. That will benefit insurance policyholders by cutting the costs of compensation delivery. The Motor Insurance Advisory Board will continue with its work and will report to the Government before the end of this year. We await the recommendations with great interest.

Mr. Coghlan: I welcome the Minister of State to the House and compliment him on establishing the Motor Insurance Advisory Board to examine the factors influencing motor insurance, particularly the relationship between the premiums charged for different categories of drivers and the claims made by those drivers. I am indebted to the Minister of State for his unfailing courtesy and willingness, unlike some of his colleagues, to make available essential information.

We are all motivated by the need to protect the consumer, and I applaud the Minister for what he said on that. I also welcome the Government's introduction of a personal injuries assessment board to improve the efficiency of the claims process and the proposals in the Road Traffic Bill, 2001, which we will assess in more detail soon.

This is an important subject. There is a conflict between what the insurance companies told the Joint Committee on Enterprise and Small Business and the findings of the Motor Insurance Advisory Board's interim report concerning insurance costs for young drivers and companies' profits. I support Deputy Higgins's demand that the insurance companies and the Irish Insurance Federation be recalled before the committee.

It appears that drivers under 25 are among the most profitable customers for insurers, along with women drivers who are also discriminated against and have to pay well over the odds. My colleague, Deputy Charles Flanagan, was quite right to call on the Government to prepare a plan to take on the insurance industry, with a particular focus on the cost cartel. Insurance companies have consistently justified astronomical premiums for those under 25 because of the high risk, loss-making business they claim is involved. The reality is totally different, which might not have been revealed had the Minister not set up the Motor Insurance Advisory Board, which I compliment him on doing. I am glad that a number of Fianna Fáil Deputies during the week called on the Government to take whatever action is necessary.

It appears from the MIAB report that insurance companies make profits on all categories of business except those under 18. The Joint Committee on Enterprise and Small Business should recall the motor insurers and investigate how they provide quotations for younger people and women. In order to conduct an investigation properly the committee needs the power to compel industry executives to appear before it and to provide the necessary documentation.

The Minister should ask the MIAB to set the Irish Insurance Federation a deadline of the end of the week to disclose information on premiums and claims. Before the joint committee begins an investigation it should meet the MIAB to clear up certain matters. The insurance federation, which is represented on the MIAB, has said that the report was based on incomplete data, as the Minister said. Although I have serious reservations about MIAB's methodology and findings, the report contains no objections from the IIF about these matters. The report states, "The IIF has received copies of all reports for the purposes of checking our calculations but their responses do not identify any mathematical errors."

The MIAB also noted that the IIF has threatened to stop providing the raw data on which the board was working, in which case "the majority of the board believes that it may become necessary to recommend an alternate and more rigorous forum for investigation in this area of public concern". I call on the Government to allow such an investigation, as it could be carried out usefully and successfully by the Joint Committee on Enterprise and Small Business, if properly equipped with the necessary powers. This view is shared by my committee colleagues, Deputies Flanagan, Joe Higgins, Batt O'Keeffe and Conor Lenihan, and I ask the Minister to give it serious consideration. It seems that a clear majority on the committee, across all parties, favours such an investigation.

It is also interesting to note that Mr. Michael Kemp, chief executive of the IIF, has said that the federation and its member companies are co-operating fully with the MIAB to establish the full facts. He also stated that insurance companies do not make money insuring young drivers, but the MIAB has found that "on average for the five years 1993 to 1997, every age of policyholder contributed more in premium than claims cost except for the small number of policyholders aged 17 and 18". The MIAB also found that insurance companies were making profits of £211 per policy on people aged between 22 and 24, compared to £60 per policy on those between 46 and 55. Profits of £730 per policy were being made on women drivers aged 19 and 20.

No matter what arguments are made, there is an absolute need to investigate independently and objectively so that a proper assessment can be made. This is a matter for the joint committee, as the credibility of insurance companies' rating decisions is in doubt. The Minister said this House does not need reminding that motor insurance companies have failed in the past. We all agree, which is why this matter should be tackled immediately rather than waiting for the MIAB's final report which is not due until the end of the year. The MIAB's investigations could continue apace without taking from an investigation by the joint committee. There is something amiss when a report shows that the profitability of insuring drivers between 18 and 25 is two and a half times that of insuring drivers in their forties, and that women and the elderly are also profitable, despite all we have been told in the past. I thank the Minister for his executive summary of the MIAB.

Paragraph five report of the MIAB states:

Women also appear to be contributing more than their fair share in certain instances. To date we have only received gender data for 1997. This indicates that from age 51, favourable margins on female policyholders are consistently higher. The variance is greatest over age 70 where profits on females is £166 per policy compared to £29 for males, a variance of £137 or 472%. Also, female policyholders aged 19 to 20 delivered a profit of £730 each compared to £186 for males, a variance of £544 or 293%, but the low level of exposure for this age at 1.6% of policyholders may result in high variability from one year to another.

Paragraph nine states:

The Board has asked five companies to explain the manner of their compliance with the Declined Cases Agreement. Copies of correspondence are attached. Two companies have not to date replied so no conclusions can yet be reached on this issue.

I am sure the Minister will agree that this shows a lack of regard on the part of the companies and a huge deficiency in their willingness to be helpful.

Paragraph 11 states:

The problems encountered by commercial motor clients are distinct from those of the private motorist. Businesses are more acutely aware of what they consider unfounded settlements or negotiations undertaken without due consultation with the insured client. The Board recommends that the Insurance Ombudsman Scheme, which is currently limited to private policyholders, should be extended to businesses with an annual turnover of up to £5 million. Such businesses do not have extensive legal resources to pursue complaints against insurers through the Courts. Additionally, to curtail the potential for such complaints, it is recommended that the IIF should agree procedural guidelines with IBEC on the consultations to which all commercial clients would be entitled in the management of their motor insurance liabilities and defences.

The Minister and Senators will recall an interesting debate a few years ago with regard to the insurance ombudsman scheme. I feel strongly that the previous insurance ombudsman was spancelled and hampered by the major insurance companies, although I realise the Minister may have been constrained by all sorts of bureaucratic forces. It would be interesting for this House to look at how her successor is faring. Anything the Minister of State could do to make it easier for the insurance ombudsman would be greatly appreciated by all Members.

Paragraph 13 states:

The Board notes that motor insurance inflation, at 10% is running well ahead of the general trend in the Consumer Price Index. This is the highest rate of increase on record and may warrant consideration in the context of the Government's current deliberations on price control measures.

Paragraph 14 states:

The Board held a very informative meeting with the Data Protection Commissioner on the notion that the rating of motorists for premium charges might be based on their financial profile is addition to the more traditional factors. The Minister specifically asked the Board to investigate this "burdened borrowers" issue. With dissent by IIF, the majority view of the Board is that such an approach would be contrary to public policy but future practice will largely be dictated by EU legislation.

Again, we can see that there are very powerful vested interests involved, which is the reason other right-thinking Members and I would opt for an independent, objective assessment. I hope the joint committee will take up the matter.

Paragraph 15 states: "Having received further documentation from insurers, the Board is of the majority view that not all instalment plans comply with the provisions of the Consumer Credit Act, 1995." We are all for the protection of the consumer. The paragraph continues:

IIF have undertaken to circulate insurers with a reminder of the statutory requirements. As reported previously, the majority view is that the interest rates levied are excessively expensive. Enforcement is now a matter for the Director of Consumer Affairs.

Again, I hope the joint committee will seek an early meeting with the Director of Consumer Affairs, not just regarding this matter, but regarding other issues of concern to the committee which are in the best interests of protecting the consumer.

Paragraph 16 states:

The majority of the Board wishes to re-emphasise the need for a strong Consumer Protection role within the new Single Regulatory Authority. The public is likely to be sceptical as to whether there is any true commitment to their interests unless this priority is supported with appropriate powers and penalties to ensure transparency and fair trading. No doubt the pending Insurance Bill will present opportunities to facilitate such measures. There is also a pressing need for consumer education to assist the making of informed choices in so far as options are available in compulsory motor insurance.

While I appreciate their work, as does the Minister, they also state that: ". . . it may become necessary to recommend an alternate and more rigorous forum for investigation in this area of public concern." There is no argument on either side of the House regarding this area of public concern. I recommend that the Minister of State, whose intentions in this matter are good, allow the joint committee, fairly and impartially, with compellability powers and other necessary assistance, to get its teeth into it. It could do a very good job in serving the consumer.

Ms Cox: Regarding Senator Coghlan's comments about the joint committee, I find it strange that any representatives of an insurance company or federation would appear before the Joint Committee on Enterprise and Small Business and lead it to believe, by presenting facts and figures, that the reason for the high cost of insurance is the high costs of young people's accidents and settlement claims. It appears from the findings of the report that it would be better for the representatives to acknowledge the fact that there are findings which would prove such statements incorrect. I suggest to them that there is no easy ride and, following other committee members' suggestions, the Minister of State should allow a two-pronged approach. We cannot have people give misleading information to the committee or not address the issue when the information is not what it might seem. If we allow this to go unchallenged, we do so at our peril. The companies which made presentations to the committee should be asked to come back for rigorous questions and validate the claims they made.

If the industry had full knowledge of the MIAB report, which I believe it did, we cannot have it appear before the committee and put forward the thesis it did regarding the high cost of insurance for the tens of thousands of young people and others in the country. It does not matter if one is young, middle-aged or elderly, the price of car insurance is absolutely scandalous and cannot be allowed to continue.

I am proud of the work done by the Minister of State and his Department. They have addressed the matter in a focussed way, attacking each area as they have gone along and establishing advisory boards. It is important to do this as we cannot be accused of being blind to the commercial difficulties that face companies, but perhaps the truth will come out in the next few months. I look forward to this.

Regarding insurance costs for young drivers, particularly young males, there is agreement that much can be done to reduce the number of road accidents. Surely, if we reduce the number of accidents, we can reduce the cost of insurance. Driver education, the introduction of penalty points, road safety improvements and Garda enforcement of the rules of the road are important ways to reduce accidents. As the Minister of State said, the Minister for the Environment and Local Government announced yesterday the introduction of various new schemes to address enforcement, penalty points, increased fines for speeding and so on. That is another way the Government is addressing the insurance issue in a focussed, clear and methodical manner. It is only by working in this way that we will see changes and reductions in costs.

There are many implications regarding the consequences of high insurance. Why are we complaining about high insurance costs? What does it mean? Sometimes it means young people in country areas cannot get to work. They cannot avail of employment opportunities in towns 15 or 20 miles from their home base. They may be living at home to look after elderly parents or engage in some part-time farming, but they may also want to avail of opportunities in larger towns some distance away. These opportunities may involve shift work whereby one may have to work late at night or early in the morning, times when public transport, particularly in rural areas, is not available. For this reason they need cars, but if one is aged between 17 and 20 years and living in the middle of the country, while one might buy a car for perhaps £1,500, insuring it may cost between £2,000 and £5,000. That does not make it feasible. The people concerned, therefore, cannot avail of these employment opportunities, progress their careers and become statistics on the live register. This should be condemned.

What often happens is that young drivers will insure the car the first time and not insure it subsequently. Many young drivers are uninsured. That is very well until there is an accident and people get hurt, cars are damaged and innocent parties suffer because the first party is not able to afford the costs. While that certainly does not justify anybody driving without insurance, we can understand why some people take the chance. It is a chance that is not acceptable and it causes grief, pain and much hardship to the innocent victims of road accidents involving uninsured drivers..

Young people may chose motorbikes instead of cars. From a safety point of view, I would prefer to see my children drive cars rather than motorbikes. Many more people are killed and seriously injured in motorbike accidents than in cars. For all of those reasons, which affect everyday lives, insurance costs for young people should come down and become more affordable.

In their presentation to the Joint Oireachtas Committee, the Motor Insurance Justice Action Group suggested having a community rating scheme for young people. Rather than everybody having to pay high insurance, only people who have had accidents should have to pay high rates. However, this may not be possible due to EU regulations and the Minister may have addressed this in his speech.

Many people believe that the reason for high insurance costs is the high claims propensity among Irish people. This is true. We have all come across cases where someone has put in a claim that was not totally false but did not justify the work and effort to prove it. Often cases that are not justified end up in the court, which may find in favour of the plaintiff. People may get money for accidents that, perhaps, they do not rightly deserve. This practice ought to be stopped. People should not go down that route. While everybody has an entitlement to claim, this should only happen where there is justification.

We have also talked about the high delivery cost of personal injury claims and particularly the legal costs. For every £100 paid in compensation for motor accidents a further £40 goes on professional fees. That is a scandalous statistic. I welcome the setting up of the personal injuries assessment board by the Minister. While the interim report came before the Minister last June, this shows that he has conducted his affairs in a very focused and methodical manner and addressed each area step by step in a progressive and proactive way.

The personal injuries assessment board was set up to determine issues of quantum, not liability. Initially, it will look at personal injury cases arising from the workplace and then move on to motor accidents. It is not intended to reduce the awards to victims but merely to reduce the delivery costs. In Ireland, junior counsel are appointed in 57% of cases and senior counsel in 18% of cases. In similar cases in the UK, junior counsel are only appointed in 3% of cases and senior counsel are rarely appointed.

As the Minister mentioned, the number of cars on our roads has risen from approximately 800,000 in 1996 to 1.3 million now. We need to remember that there are more people on the roads and more chances for accidents. Each time we get into our cars, we are responsible for how we drive and for injuries or hurt we may cause to others by not concentrating on what we are doing, by using telephones, by listening to the radio, by being too tired to drive, by not observing the speed limits etc. A car is a potentially lethal weapon and young people, in particular, underestimate the power of the vehicle they are driving.

The Minister mentioned the different regimes in other countries and there was a presentation on these by officials from the Department of Enterprise, Trade and Employment to the joint Oireachtas Committee. It is interesting to look at the ways different countries deal with their claims. We are starting to introduce systems here that will eliminate the high cost of paying claims without reducing the amount of compensation paid.

The Irish Insurance Federation said that drivers under 25 account for about 5% of the number of claims but 11.5% of the total cost of claims for comprehensive policies and about 21% of the number of claims but 34% of the cost for non-comprehensive policies. They suggested improving road safety by introducing a penalty points system, improving law enforcement, improving driver training and testing, considering a restricted licence, improving road engineering and providing road safety education. They did not suggest looking at the profitability to see if we are charging people too much and unfairly loading too many costs on them.

Quinn Direct and AXA both made presentations to the joint Oireachtas Committee. The Quinn Direct presentation stated that the largest cost associated with insurance relates to personal injury claims and that there is an unacceptable level of fraudulent and exaggerated claims, which are difficult to weed out of the processes. This point was also made by AXA and the Irish Insurance Federation. They also said that many accidents involving young drivers involve multiple claimants. All of this is true. However, from the interim report we discussed earlier, it appears that it is not true to say that they are not making profits from the 17 to 25 year old group and certainly the people over 55.

In other countries there are different systems. In Quebec there is a no fault system, but citizens cannot pursue personal compensation. We could not implement that here because of Irish citizens' constitutional rights. In the United States, there is a two tier approach using a no fault system under a certain threshold but this does not appear to have reduced overall cost. In the European systems we have seen scales of compensation, which we should examine. In the UK, claims tended to be much lower due to the lower level of damages and the lower legal cost because of less involvement of counsel. We are following that route by introduction the personal injury assessment board. I hope this will result in a change to our whole system.

The Garda made a presentation about the number of accidents in different age groups and the reasons. The main reasons were speed, alcohol related accidents and people not wearing seatbelts, which causes a large number of fatalities and serious injuries. As I suggested at the joint Oireachtas Committee, we need to see a better breakdown of the statistics. For drunk driving, they were unable to tell us if they were male or female or young people or old people. If we can break down these statistics, then we can target a road safety promotion campaign at the appropriate groups. For instance, if there are more younger people drinking and driving, then we focus the advertisements at them. If it is the older age group, from 45 to 60, who drink and drive because that was the culture they were brought up in, then perhaps we need to focus our advertising on that area. Until we have statistics to show us in what areas we have the biggest problems, we will not be able to get the best out of our road safety promotional strategy.

12 o'clock

The same applies to speeding. On speeding fines, it is important to know the break-down of who is speeding. Is it young people, older people, women or men? If we can also see the break-down for seatbelts, including for children in cars, we can better promote and enforce safety. Perhaps we could have more enforcement at various times, such as when there are more women and children on the roads, when women are bringing children to and from school, or when there are older people on the roads, for example, when men are returning from work. We should gather and analyse information on Garda stops and impose fines where necessary.

The penalty points system was outlined yesterday by the Minister for the Environment and Local Government, Deputy Dempsey. There will be increased fines and the improvement of the road structure is being addressed which will increase safety.

On the interim report, a copy of which the Minister has given us, with a copy of the executive summary, there are a couple of points I would like to make. One of the very interesting points relates to competition. The board recommended that a website be established by motor insurers and that the insurance regulator would provide on-line quotations across the market. This is very important. I have seen my personal insurance, which is accident free, increase in cost by £250 from last year, for no apparent reason. When I negotiate with the company and tell them I can get cheaper quotes, all of a sudden the price of the policy comes back down. Insurance inflation cannot be running so high - the report mentions the figure of 10%, although I believe it is higher. We cannot allow such practices to continue and the Office of the Director of Consumer Affairs has justifiable grounds for looking at this. The Competition Authority should question whether this monopoly should be allowed to persist where it seems that prices can be kept high if only three or four companies quote for the business.

Some of the recommendations of the report could be implemented immediately, especially that of the website. With young drivers, we now have a population that is increasingly computer literate, that uses computers on a daily basis, at work or elsewhere, and they would use the website if it were available.

Another issue is that of insurance companies not fighting claims and making 50-50 settlements without talking to the client. It is the easy way out for the company and it has to be stopped. Now that we have established the personal injury assessment board we will see that it is much cheaper to settle. If there were a more confrontational attitude we would see fewer claims fraudulently settled and much lower payouts. That would help to weed out those who are making unfair claims.

I commend the hard work the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Treacy, has done on the insurance industry. I also commend the work that has been done by the Oireachtas Joint Committee on Enterprise and Small Business. The key point to this is to continue with a two-pronged approach. The Minister of State needs to continue doing what he must. The joint committee must address the issue with insurance companies and ask them to prove to us that they did not mislead the committee. If they did so, it cannot go unpunished.

Dr. Henry: I welcome the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Treacy, to the House and acknowledge the enormous amount of work he has put into this area, which I appreciate very much. Like Senators Cox and Coghlan, I am a member of the Oireachtas Joint Committee on Enterprise and Small Business and I was astonished at the difference between the statement given by the members of the motor insurance industry and what emerges in this report. The Senators have ably gone through most of the points that were brought before the committee, but there are two things that I want to point out in view of the difficulties of insuring young drivers.

The first is the impact of changes in work practices of drivers on the incidence of accidents. There are far more doing shift work now and young people in particular may have to take some of the less popular shifts late into the night. It would be helpful to find out how many late night accidents involve young people going out socially and how many involve them going to or from work. We know from other surveys how much more likely accidents are on shifts during the more unsociable hours, when people have been doing night work for a considerable amount of time. It would be worthwhile to increase our knowledge of the statistics there.

I also query what the impact in the change in the delivery system for goods has been. This has not been investigated. It is policy nowadays to have factories running on a just-in-time delivery system. This means that components for manufacturing processes are not in stock for long before they need to be used, as they would take up warehouse space and require payment at an earlier date. The need of firms to receive these goods only when they require them puts a great deal of stress on those who have to deliver them. I heard a woman on the radio a few weeks ago who drives a truck and wanted to upgrade her skills so that she could drive a bigger type of truck, presumably an articulated one. When she was taking lessons to get the necessary licence she was repeatedly told by the instructor that she had to remember and make her deadline. A very large number of drivers seem to have to make deadlines now, be it going to ports or factories, and I wonder if we need to assess the importance of this constant rushing. One can understand it in relation to the delivery of perishable goods to supermarkets, but it seems that a very large number of heavy lorries full of goods for companies have exact deadlines to meet, earlier or later than which will not do. It would be worthwhile to see if there is a problem here. I suggest that some of my constituents in the department of transport and logistics at the DIT might be a help. It was they who filled me in on hazard analysis and critical control.

These issues are worth looking at to see if work practice is a factor in accidents. I mentioned this on a radio programme and was phoned by several people who said they found the driving jobs they were given impossible, involving them in unsafe driving. For example, people who have a certain number of shops to visit in the course of a day felt that they were expected to travel at a far higher speed than was safe, in particular on narrow country roads, to fulfil their itinerary


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