I propose to take Questions Nos. 475 and 476 together.
This Government recognises that insurance fraud is one of several factors that contribute to the cost of insurance. My Department is actively contributing to a programme of insurance reform which is being implemented on a whole-of-government basis.
The Programme for Government contains a commitment to introduce tougher penalties for those who commit insurance fraud. An Action Plan for Insurance Reform was published in July 2025 which commits my Department to exploring the introduction of tougher penalties and to encourage intelligence sharing on insurance fraud, working with An Garda Síochána and the insurance industry. This action is currently subject to policy consideration in the Department.
In relation to existing legislation, section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001 provides that "a person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence". A person guilty of the offence is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.
Further to this, the Criminal Justice (Perjury and Related Offences) Act 2021 was signed into law in June 2021, representing another tool to help tackle fraud. This places perjury on a criminal footing for the first time, thereby making the offence easier to prosecute. The Act increases the range of options for investigation, prosecution and the penalties on conviction which can be considered for those making false and misleading claims.
With respect to sentencing, I can advise that the Judicial Council was established in 2019, pursuant to the Judicial Council Act 2019. Under the Judicial Council Act, a Sentencing Guidelines and Information Committee was established in 2020. Its functions include the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines, together with the collation of information on sentences imposed by the courts and the dissemination of that information to judges and others.
In 2023, the Judicial Council Sentencing Committee published its Guideline Development Procedure, which can be accessed on the Council's website: https://judicialcouncil.ie/assets/uploads/documents/Sentencing%20Guideline%20Development%20Procedure.pdf.
This document, informed by the legislative framework and best practice in other jurisdictions, sets out the procedure that the Committee will follow in developing sentencing guidelines.
The Programme for Government 2025 - Securing Ireland's Future has a commitment to "provide a new power to the Minister to ask the Judicial Council to draw up sentencing guidelines for a particular crime area within a certain timeframe". In July 2025, the Government approved the drafting of a General Scheme to amend the Judicial Council Act 2019. A General Scheme is currently being drafted which will, among other matters, seek to provide for this Programme for Government commitment.
