The Insurance Mediation Directive – Transposition Challenges And Pitfalls

Introduction

The Government's second attempt to transpose the Insurance Mediation Directive must this time give full effect within the Irish jurisdiction to the rights and obligations vested in service providers and consumers under the directive. Sinead O'Loghlin and Tom Carney consider some basic legal issues, which should be borne in mind when interpreting the transposing Irish legislation.

European law required Ireland to transpose Directive 2002/92/EC of 9 December 2002 on insurance mediation ("the directive") by 15 January 2005. The Government's priority of meeting the directive's January transposition deadline yielded to a second attempt to do it properly and to revoke the earlier European Communities (Insurance Mediation) Regulations, 2005 ("the regulations"), which entered into force on 14 January last.