Committee Reports > List of Committees > Joint > 1978 > Committee on the Secondary Legislation of the European Communities > Report No. 29 - Statutory Instruments [15]

APPENDIX III

European Communities (Insurance Agents and Brokers) Regulations, 1978 [S.I. No. 178 of 1978]

An Rúnaí,

An Roinn Tionscail, Tráchtála agus Fuinnimh.

I am directed by Mr. Mark Clinton, T.D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities to refer to the European Communities (Insurance Agents and Brokers) Regulations, 1978 [S.I. No. 78 of 1978] and to request you to furnish for the Information of the Joint Committee a reply to the following questions:—

(1) Is the Committee provided for in the Regulations to be the competent authority for the purpose of Article 9 of Directive 77/92/EEC and, if so, why it is not considered necessary so to provide in the Regulations?

(2) Why it was not possible or considered desirable to specify in the Regulations which bodies are to be entitled to nominate members of the Committee?

(3) Is it the position that nationals of other Member States are entitled to set themselves up as insurance brokers and agents in this country without proof of qualifications, good repute or solvency?

Cléireach an Chomhchoiste.

18 Meán Fómhair, 1978.

Cléireach an Chomhchoiste,

Joint Committee on the Secondary

Legislation of the European

Communities.

I am directed by the Minister for Industry, Commerce and Energy to refer to your minute of 18 September, 1978 requesting information on a number of points raised by the Joint Committee on the above Regulations. The Department’s comments are as follows.

(1) The only substantial step which appeared to the Minister to be required to implement the Directive in question was the setting up of the competent Authority or body, referred to in Article 9 of the Directive, which is to issue the certificate referred to in that Article. Accordingly, it is in the Minister’s opinion evident, particularly in view of the definition in Regulation 2 of “certificate”, that the Committee provided for in the Regulations is that authority or body, and in his opinion a statement to that effect in the Regulations is not necessary.

(2) The reason for not specifying in the Regulations the bodies entitled to nominate members of the Committee was to allow for change in the entities of those bodies which are voluntary organisations and do not represent the entire industry as yet. As new ones were formed or amalgamations took place, amendments to the Regulations would be necessary.

(3) The answer to the Joint Committee’s question is “yes”. At present there are no controls on the activities of insurance intermediaries in Ireland and, accordingly, nationals of other Member States are entitled to set themselves up as insurance brokers and agents in this country without proof of qualifications, good repute or solvency. The question of control is however being considered in the Department.

The EEC Commission has expressed satisfaction with the Regulations.

16 Deireadh Fómhair, 1978.