asked the Minister for Social Welfare why his Department did not come expeditiously to the assistance of an insurable worker (detail supplied) in taking legal action against his employer in respect of failure to stamp insurance cards; and if his Department will now pay the costs of £92 0s 1d which have been awarded to the employer against the worker.
Ceisteanna—Questions. Oral Answers. - Stamping of Insurance Cards.
68.
The insured person referred to was advised by my Department that he was entitled to recover from his employer, in any court of competent jurisdiction as a simple contract debt, a sum equal to the amount of benefit lost due to his employer's failure to stamp his insurance cards at the proper time. He was also informed that if he was not in a position to pursue court proceedings, my Department would be prepared to take action on his behalf for recovery of the benefit lost.
The insured person, however, instructed a firm of solicitors to take proceedings against his employer for recovery of the amount due but, apparently due to his health condition, he was unable to attend the court hearing and I understand that, after a number of postponements, the employer's solicitors made an application to have the case struck out. The court allowed the application with costs against the insured person. I am not empowered to pay these costs as suggested by the Deputy. The insured person was advised of the steps it was necessary for him to take before my Department could take proceedings on his behalf but he did not take them. Despite the fullest co-operation of my Department with the insured person and his solicitors his case failed for the reason I have mentioned.
If the person now applies to the Department, will the Department be able to appeal the case?
At the moment, contact is being made with the Chief State Solicitor and I do not wish to say anything about it.
I wonder if the Minister would state what is the position of an insured person when an employer refuses to stamp that person's cards and if, in the meantime, the employer goes bankrupt or leaves the country? Further, if the person is injured seriously as a result of an accident in his employment, where, then, would he stand in relation to compensation?
He would be covered by the Occupational Injuries Act.
Let the Minister answer the question.
The implications of the supplementary question are wider than the question as it appears on the Order Paper.
There should be some protection in such cases.
Deputy Tully has answered the question and I cannot add anything to what he has said.
With all due respect to Deputy Tully, he has not answered the question. As I understand the law, if, for some reason or another an employer fails to stamp a card for an employee, the employee can take legal action against the employer. What I am concerned about are cases where employers go out of business or leave the country. If an employee should lose his life while he was in the employment of a firm or individual who later went out of business where, then, would the dependants of the person stand in this issue?
That question is not before the House at the moment.
It is a separate question.