asked the Minister for Social Welfare if he is aware that a number of workmen in West Donegal have been held by his Department's appeals officer not to be in insurable employment under the Social Welfare Acts, despite the fact that their employment comes within the relationship of master and servant and within the scope of the Workmen's Compensation Acts; and, if so, if he will take immediate steps to remedy this apparent injustice.
Ceisteanna—Questions. Oral Answers. - Social Welfare Acts: West Donegal Workers' Position.
3.
I am not aware of any case to which the statements contained in the Deputy's question would apply.
Appeals officers are statutorily appointed to decide appeals against decisions given by deciding officers. The decision of an appeals officer may be revised by an appeals officer if it appears to him that the decision was erroneous in the light of new evidence or new facts brought to his notice since the decision was given while the chief appeals officer may revise any decision of an appeals officer if it appears to him that the decision was erroneous by reason of some mistake having been made with respect of the law or the facts. Otherwise, the decision of an appeals officer is final and conclusive except in relation to certain matters in which there is provision for an appeal to the High Court on any question of law. In the type of case quoted, such an appeal would lie.
If the Deputy will furnish me with particulars of the cases he has in mind, I will have them referred to the chief appeals officer for consideration.
Is the Minister aware that in the Rosses district of West Donegal five applicants for insurance benefit have recently been turned down and that the sole question put to them by the appeals officer was: "Has the employer the right to direct the employee as to the method of performing the work?" Is the Minister further aware that these men were semi-skilled and that their employers were unskilled and therefore had not the right to direct them as to the manner in which they should perform semiskilled work? If the Minister is so aware, would he, on representation from me, reconsider each of these appeals?
I am not aware that any of the statements which the Deputy has made is correct. I am aware that more than one question was put to some of these applicants, if they are in fact the persons whom the Deputy has in mind. As I said, however, if the Deputy will furnish me with particulars of the cases I will have them referred to the chief appeals officer.
I appreciate the Minister's offer to re-investigate these cases, but would he consider the fact that these appeals officers are untrained lawyers and, as such, are unable to interpret the real meaning of the Social Welfare Acts?
That surely is a separate matter.
It arises from the original question. However, I shall put it no further, if the Minister undertakes to re-investigate these cases.
I will look into it but if it is a question of the law, the case can be carried to the Supreme Court and be properly interpreted there.
That, as the Minister will appreciate, is somewhat expensive.
They can be indemnified.