Today I am raising the issue of access to motor insurance for people with disabilities who own a vehicle but rely on family members, friends or personal assistants or carers to drive it on their behalf. For many people, these vehicles are adapted. They obviously give a huge level of agency and autonomy to people who have disabilities to be able to move as freely as possible within their lives.

Historically, motor insurance arrangements accommodated this reality, facilitating people with a disability taking out open insurance plans in their own name that allowed other drivers to drive the car on their behalf. These open policies were even more important given that many people rely on the assistance of multiple drivers in their lives. However, due to an administrative change under the Road Traffic and Roads Act 2023, from 31 March 2025 any individual who takes out a motor insurance policy must have their own driver number.

It is clear what the issue here is. I believe that it is unintended and could easily be addressed. The driver number is the unique number when a person first applies for a learner permit. For people who have been born with disabilities or have never been in a position to drive or have a driver number, this administrative change has had the unintended consequence of preventing people with disabilities who are unable to drive from taking out their own insurance policies. Without their own cover, many people have effectively been stranded despite having access to their own adapted vehicles.

I was recently contacted by one woman who has owned and insured her own adapted vehicle for more than 25 years. Although she has never driven it herself, she has relied on others and the open insurance arrangements to enable friends and personal assistants to drive the vehicle on her behalf. She has now been informed that her policy cannot be renewed because she does not have a driver number. Instead, she has been advised - I am sure the Minister of State can see the problem in this - that somebody else who will drive the car can take out the policy, which is an erosion in terms of the direction has sought to go in enhancing the rights of people with disabilities. It erodes the autonomy of the person to have their own insurance policy, which has been the case for all these years. While underwriters used to be able to work around this, they no longer can. It may need an amendment to the Road Traffic Act. This matter lies within the Department of Transport, but it is also an issue for the Department of Finance. The Minister of State can imagine that this is not an accepted solution, effectively making the person's ability to own and insure their own vehicle dependent on the willingness of others to assume legal and administrative responsibility for it, which is making that person further dependent on somebody else. While disability may not be explicit as the reason for the refusal of cover, it has accidentally created a discrimination against people with disabilities in terms of accessing cover.

I understand that Independent Living Movement Ireland, ILMI, has also raised this issue with the Minister for Transport, but as insurance falls under the remit of the Department of Finance, any solution will likely require an intervention from the Minister for Finance. What steps are being taken to ensure that people with disabilities with their own vehicles who cannot drive can continue to obtain motor insurance? A person has to have a medical certificate to be able to get their car adapted to get tax reliefs. Maybe it is as simple as the medical certificate to have one's car adapted being used for an insurance policy, or being given a unique driving number that is associated with adaptable cars without having to have a driver's licence.

I thank Senator Ruane for raising this important issue, which I am taking on behalf of the Tánaiste and Minister for Finance, who is on paternity leave. I wish him and his wife well on the birth of their new child.

The Government recognises that access to a vehicle can be fundamental to the independence and dignity of a disabled person. Insurance Ireland, the main representative body for insurers in Ireland, has advised that the structure of an insurance policy, in general, can specify that a disabled person owns the vehicle and holds the policy but is expressly excluded from driving. As such, cover may instead be provided for named family members, personal assistants or carers who meet the insurer’s underwriting requirements. This is consistent with section 56 of the Road Traffic Act 1961, which requires the person using a vehicle in a public place to be appropriately insured but does not require that person to own the vehicle.

The Department of Transport’s understanding is that, under an open driving policy, a driver number is not required for a person who is not specifically named in particular 6 of the insurance certificate. However, the availability and conditions of open driving cover are matters for individual insurers. Insurance Ireland has advised that motor insurance quotes are informed by a range of rating factors, including the age and driving experience of the driver. Insurers set their prices based on their own claims experience and may assign different weightings to individual factors. The Equal Status Acts apply to the provision of insurance services and prohibit discrimination on the ground of disability, subject to the relevant statutory exemptions and conditions. Under Irish employment and equality law, disability discrimination is assessed strictly on a case-by-case basis.

It is also important to note that the decision to provide any specific form of insurance cover, and the price at which it is offered, is a commercial matter for insurance companies based on an assessment of the risks they are willing to accept. Neither the Tánaiste nor the Central Bank of Ireland has the power to compel insurers to provide particular types of insurance or to provide it at a particular price. This is reinforced by the European framework for insurance.

Nevertheless, the Government is progressing the implementation of the Action Plan for Insurance Reform 2025-2029: A Stronger Market, A Fairer Future to further strengthen the insurance sector in Ireland. The plan sets out a number of priority actions, focused on areas where the greatest impact on transparency, affordability and availability of insurance can be achieved.

The Government also recognises the wider mobility challenges facing disabled people. Article 20 of the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD, requires state parties to take effective measures to facilitate personal mobility with the greatest possible independence, including access to appropriate mobility supports. In that context, the Department of Transport’s new vehicle adaptation scheme will open for applications in early 2027. The scheme will provide direct financial assistance to all individuals with qualifying vehicle adaptation needs to meet the costs of those adaptations. The scheme will improve individuals’ functional mobility that in turn can contribute to better social and economic opportunities.

As an overarching human rights instrument, the UNCRPD seeks to protect, promote and advance the full and equal enjoyment of all human rights and fundamental freedoms by all people with disabilities. Since Ireland’s ratification of the UNCRPD in 2018, the Government’s approach to meeting its obligations means that Ireland continues to take important steps over time, each year moving forward on key reforms and the delivery of supports and services for people with disabilities and their families. Budget 2027 delivers significant progress for disabled people, bringing the budget to over €4 billion for the first time. This funding will be vital in delivering the national human rights strategy for disabled people.

A disabled person who does not drive may own a vehicle and hold the insurance policy, with appropriate cover provided for the family members, personal assistants or carers who drive on their behalf, subject to the individual insurer’s underwriting requirements. The Government will continue to work with the relevant stakeholders to ensure that this position is clearly understood and that disabled people do not encounter unnecessary barriers in accessing appropriate motor insurance.

There was a lot in that response that was quite irrelevant to the point at hand in terms of the price of insurance and all of that stuff. None of that was within the intent of the Commencement matter.

Right now, this issue is affecting people who have had insurance for 25 years. Due to an administrative change in legislation last year, the insurance companies are stating that they no longer want to insure these people. They are saying that, due to the administrative change under the Road Traffic and Roads Act, any individual who takes out a motor insurance policy must have their own driver number. This is not a question for what insurance companies will or will not do.

I used the example of this woman because she had been on the road with a policy for 25 years. There are no changes or variables in terms of the people who would be insured and all of those things. The only thing that has changed is the insurance company saying that it is down to Government legislation, which was potentially unintended or did not factor in how this would impact on people with disabilities. Will the Minister of State, with this point of information, go back to the Department? I can follow up with a question directly to the Department and point out that it is legislation that the insurance companies are quoting. It is not up to the insurance companies to make the decision. They are leaning on legislation to say that a person has to have a driver number. This is for people who have been with a certain insurance company for many years without any incidents or problems.

The Senator has asked me to bring this issue to the Tánaiste and the Department. I will not read the supplementary response. Instead, I will make sure that what she has raised this morning is brought to the attention of the Department and the Tánaiste's office.

I will ask that the office revert directly to the Senator on the specific issues she has raised. I will put in that request this morning.

I thank the Minister of State.