asked the Minister for Social Welfare if he will state for the last twelve months the number of employers reported by inspectors of his Department for failure to stamp insurance cards; the number of cases referred for prosecution; and the number of prosecutions taken.
Ceisteanna—Questions. Oral Answers. - Insurance Card Stamping.
35.
Cases of failure to stamp insurance cards are dealt with initially by Social Welfare officers and compliance is secured by them in many cases without reference to the head office of my Department. The remaining cases, including instances of arrears due by bankrupt and deccased employers, by employers who have left the State or have no assets and by companies in receivership or liquidation, are reported but records of the numbers dealt with are kept only when the various categories reach defined stages, e.g., when cases are referred to the Chief State Solicitor and when claims are made on liquidators, receivers and the official assignee.
In the year ended 31st December, 1971 the number of cases referred to the Chief State Solicitor was as follows:—
For civil proceedings— 383
For summary proceedings — 158
During the same period the Chief State Solicitor reported that 224 civil cases and 138 summary cases had been brought to court.
Would the Minister not agree that the Department is very slow in getting after defaulters? It often takes six, nine or 12 months before action is taken and unfortunate people suffer in the meantime. Can the Department do anything to expedite these cases when reports are made? I have cases in which reports were made five or six months ago and they have not been dealt with yet. Why such a long delay? Could all the civil servants the Minister has in his Department not do their work more efficiently?
Bringing prosecutions is not just that easy to expedite. Very often the Chief State Solicitor may delay proceedings. I am not saying that is always the reason but we do not like to bring prosecutions unless we have reasonably good grounds.
The majority pay up but it takes the Department six or eight months to get after them. I know cases reported four months ago and the Department did not get on to the person until a fortnight ago and then only because I got on to the Department. One particular person was tired ringing the Department and writing to the Department. The Department did nothing until the people involved went to their TD.
It is fair to say, I think, that it is no longer a question of recovering the stamps. The Minister could have given that reply because now, in fact, benefit is paid and it is not the officials of the Department who are at fault at all. In fairness, that must be said.
I know a case in which they refused to pay a woman because they said her card had not been stamped.
I want to take up the Minister's reference to the Chief State Solicitor. Is it suggested that it is not the Minister's business to prosecute, that the fault lies with the Chief State Solicitor? Is that correct?
No, I said we do not; but the delays are in his office, very often.
Is it not the Minister's business to see that this is done?
No. In fact, I know nothing about it.
The remaining questions will appear on tomorrow's Order Paper.
Has the Minister taken this up at Cabinet level?
If Deputy L'Estrange would give me particulars of any individual case he would find that there are reasons—there always are—for the delay. As Deputy Tully said, while we now credit the persons who are deprived of the contributions we must first make sure that the person who should have paid them in the first instance is not able to pay them.
Is the Minister not aware that the Civil Service can delay any matter for any given time?
On a point of order——
There is no point of order arising until the Order of Business has been decided.
I gave notice of a special notice question and I want to know why it was not allowed?
The Deputy was given reasons for it.
I want to know why I was not informed until half-past three when coming into the House about this. I heard it from various people. Apparently, everybody knew this question was ruled out except myself. I want to know how this came about.
The Deputy knows it is not in order to discuss the matter at this stage.
I think I am entitled to know why other people——