Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 28 Nov 1978

Vol. 310 No. 1

Social Welfare (Amendment) Bill, 1978: Committee and Final Stages.

Sections 1 to 3, inclusive, agreed to.
SECTION 4.
Question proposed: "That section 4 stand part of the Bill."

The Minister will appreciate that there has always been a great deal of confusion between the definitions of "benefit year" and "contribution year".

The period for a benefit and contribution year is now being changed and the change in the transition will compound the confusion because the new contribution year will become the old benefit year or vice versa. Will the Minister clarify that position? As the benefit and contribution year periods are now being changed I should like to know if there is a situation in which a person who under the old system would have contributed sufficient stamps in his contribution year to be in benefit but due to the change will find himself ineligible for benefit.

I readily agree that the situation is confusing at this point. The best I can do is explain what the situation will be when the new system is fully operative. Firstly, the contribution year will be the income tax year and the benefit year will be the suceeding full calendar year. It will begin, for instance, with the income tax year 1978-79. That year will end in April 1979 and we will then go on forward to the forthcoming income tax year, 1979-80, which will be the first income tax year in which the new system will operate. The year 1979-80 will be the first contribution year, the income tax year which will run from April 1979 to April 1980. That contribution year will end on 5 April 1980 and we will then go forward approximately nine months to the end of 1980. The first benefit year under the new system will be the calendar year 1981. The whole new system will become completely operative beginning with the income tax year 1979-80, which will be the basis of benefit in the calendar year 1981. In the meantime all the various contribution and benefit years will be phased into that new system. I should like to give the Deputy an assurance that in no circumstances will this changeover deprive anybody of benefit to which he or she would otherwise have been entitled to.

My second point relates to subsection (1) of this section, where a definition is given of reckonable earnings. That definition is given subject to regulations. Would the Minister give us an indication of the type of regulation which may be made to further expand the definition of reckonable earnings?

I accept that, at first sight, this is somewhat confusing and is something which requires explanation. That subsection sets out to establish a new concept, a new definition of reckonable earnings. Its purpose is to give that new concept a statutory basis and to relate reckonable earnings to insured employment. It is to establish that concept of insured persons in insured employment having reckonable earnings. The next step is the manner in which those reckonable earnings will be calculated and that will be done by regulation. That is why the definition is phrased the way it is. The first thing is to establish the statutory basis in relation to insurable employment and then to give ourselves power to stipulate the exact measurement of the reckonable earnings by regulation. Very simply, the regulations will provide that the reckonable earnings will be calculated on the basis of gross earnings less approved superannuation contributions. This definition is intended, firstly, to establish a new statutory concept and, secondly, to give us power to stipulate how those reckonable earnings will be calculated by regulation.

That raises a question which was touched upon on Second Stage. I know the Minister will say that the proposed rate of 3.2 per cent, which is to be amended to 3.4 per cent for the purpose of the coming year, has been pitched at that level because the portion of social welfare which the insured contributor paid for pension purposes is no longer tax deductible. Is there not a contradiction now being built into the law by virtue of the passage of this section and the regulations which will be made under it? Apparently, a person's reckonable earnings upon which the 3.4 per cent will be based will be his gross earnings, less his superannuation contribution. In other words, that superannuation will be allowed against reckonable earnings.

Against gross earnings.

The payment which the insured contributor will make on that net figure will not be allowed for taxation purposes. A person who contributes to a private pension fund will be allowed to take off the payments to that private pension fund before he pays his social welfare contribution while a person who does not enjoy a private fund will not be given a tax allowance on his contributions to the State fund in future.

I understood the Minister to say on Second Stage that the rate had been pitched at .5 per cent less than it otherwise would have been because he is not being allowed to claim his social welfare contributions for tax purposes any longer.

That is correct.

For that reason is there not a contradiction in that the payments into the State social welfare pension fund are not allowable for tax purposes while contributions to a private fund will be allowable before an assessment of reckonable earnings for social welfare contribution purposes?

Everybody will be an insured person, and, therefore, everybody will get the benefit of the new adjustment. Reckonable earnings will be calculated as the Deputy has outlined, gross earnings less superannuation contributions. The reckonable earnings as so established will then be subject to a pay-related contribution by the employee. In the normal way that pay-related contribution would be fixed at a certain level on the basis of two to one, two parts being payable by the employer and one by the employee. Whatever the rate which the one-third would represent will be reduced to allow for the loss of the income tax allowance, so that the insured employee will in fact get the income tax allowance under a different heading. For technical reasons it cannot be granted to him in his income tax computation but it will be granted in equivalent amount by the reduction of his proportion of the percentage. When his percentage is arrived at on the basis of one-third of the overall pay-related amount, that one-third will be reduced by .5 of 1 per cent to compensate him for the loss of the income tax allowance.

From now on, allowing that the rate is being pitched at a different level to take account of this change, a person's contribution to a private pension fund will be tax allowable whereas a person's contribution to the State pension fund will not be tax allowable——

Not directly; it will be allowable in a different way.

—and in addition the pension which he or his dependants would receive at the other end in reciprocation for his contributions will not be tax allowable or tax free. I would have thought it would have been more worth while to endeavour to make the State pension payable free of income tax rather than pitching the rate at any different level for the purpose of ease of collection or deduction purposes.

That is an entirely different question. It does not really arise out of this transaction. We are being scrupulously fair to the insured person in this regard. For technical administrative reasons his income tax cannot be adjusted to allow for his payment for the pension element in his social welfare contribution. For purely technical reasons we cannot do that but we are doing exactly the same in another way; we are compensating him exactly. His income tax will no longer be adjusted to allow for this payment—the pension element in it—but his actual pay-related contribution into the fund will be reduced by an equivalent amount which will fully compensate him for what he is losing on his income tax computation.

The Minister is saying, and I accept, that the rate is being recast by .5 of 1 per cent because, on account of these undefined technical difficulties, there cannot be a proper assessment of tax liability. Even if we accept that .5 of 1 per cent is the correct rate—we must accept that apparently; personally I find it too difficult to work out and the Minister has accepted it—how can we say that a reduction of .5 per cent of reckonable earnings is equally fair to the man who pays the standard rate of income tax, the man who pays the lower rate and the man paying tax at 50 per cent? At present anyone contributing would claim and his claim for allowability might take him across the threshold and bring him into the lower net, from 50 per cent down to 35 or 38.5? How is a standard recasting of the rate by .5 per cent going to benefit equal-ly people on different rates of income tax?

It is calculated on the basis of the standard rate which everybody pays. It is calculated as accurately as it can be at that level.

A person on the higher rate might not necessarily get the same level of benefit by a reduction of .5 of 1 per cent.

He will be getting the benefit relating to the standard tax rate. We could not refine it any more than that. We are dealing with employed insurable persons and the variation in their level of income up to £5,000 at that standard rate will be very minor. We are not dealing with the whole flat rate contribution as not allowable for income tax purposes: it is only the pension element in that contribution. We are getting down to very fine distinctions here.

The Minister is at pains to point out that everyone is being treated equally. While the argument can be made that by having a broad figure right across this spectrum of employed contributors, is the "most equal" way you can treat everybody, there are certain people, and mainly those in the higher tax brackets, who will not get as much benefit from this reduction in the percentage rate as they got previously from claiming their social welfare pension contributions directly for taxation purposes.

I doubt very much if there is anything in it when you take the £5,000 limit into account.

That will arise later, the question whether the £5,000 limit will be there when this scheme comes into operation. There is also a budget consideration which could change the rate in the meantime.

Question put and agreed to.
SECTION 5.

Amendment No. a 1 has been ruled out of order.

Is amendment No. a 1 mine?

No, we have not yet reached that. We have amendments No. a 1 and No. aa 1 on the white sheet; amendment No. a 1 has been ruled out of order as it involves a potential charge on the Revenue.

I move amendment No. aa1:

In page 4, subsection (1) line 43, to delete "£5,000" and substitute "£8,000".

It seems to us that a figure of £8,000 would be much more realistic and a more appropriate ceiling. It is also an important issue from the point of view of redistribution of income and so on. Also, the rate of contribution for employees could be reduced if the ceiling is raised. I should like to know the basis on which the £5,000 limit was fixed. It is roughly one-and-a-half times the average earnings. The Minister is probably aware that the Irish Congress of Trade Unions want to have the figure of £8,000, which is twice the average male industrial earnings, as a more realistic limit. In Britain at present the ceiling is £6,000. Could the Minister say on what the £5,000 figure is based? Was it to coincide with the health limit and is this a good policy if that is so?

First, it is not being done to coincide with the health limit. This is really the determining maximum. There are overwhelming reasons why the social welfare and health limits should be the same, for technical and administrative reasons. The purpose is to incorporate the vast majority of employed persons. It is a well-known rule of thumb in a situation like this that in order to include the vast majority one takes the figure of average industrial earnings and multiplies it by one-and-a-half. That is what I have done here. In September 1977, the latest date for which information is available, the average weekly earnings of all workers, male and female, in the transportable goods industries was £63.88. When that figure is multiplied by one-and-a-half it gives a figure of £95.56 or £4,983 per year. That figure was rounded up to £5,000. The most recent figure in March 1978 was £66.50 and we will look at that between now and when we make the final regulations.

The figure in the Bill, both for rates and maximum, will be finally confirmed or amended by regulation made before 6 April next. In that context we will look at it again on the basis of the latest available figure. The standard practice, here and elsewhere, in this regard is to bring in the vast majority of employed persons by using the calculation of one-and-a-half times the average weekly industrial earnings and I have done that. Having established that for social welfare, the corollary is to have the same maximum with regard to health contributions. I am not saying that £5,000 will be the final figure but it will be approximately that figure on the basis of one-and-a-half times the average industrial earnings. The figure of £8,000 would be way out and it would completely distort all our calculations on the social welfare and the health side.

I consider, and I am sure the House will agree, that Deputy O'Connell's amendment is entirely reasonable.

The House does not so agree.

I am sure that the House, on reflection, will agree it is reasonable. The reason the limit of £5,000 has been set has nothing to do with social welfare. The Minister has been engaged in negotiations with the consultants and it appears they are determining what will be the social insurance limit, a rather unique situation in the context of the introduction of social insurance legislation. We must be honest about the matter. The consultants are not prepared to accept a higher figure and the Minister is not prepared to insist on a higher figure. That is why the Minister has inserted this social insurance limit.

There should not be any limit. The Irish Congress of Trade Unions would be quite prepared to accept £8,000. I think it is a reasonable figure. Thousands of my constituents have incomes between £5,000 and £8,000, a large proportion have incomes in excess of £8,000 and they would be quite prepared to contribute in the context of this Bill. The Minister should act in an imaginative and open-ended way and increase the limit to £8,000. It is not adequate to say that when the next CSO's figures for earnings are available in March 1979 the Minister may add another £500. That kind of promise is not sufficient.

We have now a golden opportunity to enlarge the scope of the Bill by adopting a limit of £8,000. Deputy O'Connell considered this matter carefully and I urge the Minister to accept his amendment. The Minister should be prepared to tell the medical profession that we are dealing with social insurance, not the health services as such. They should be told that they cannot browbeat him as Minister for Social Welfare by having an income ceiling of £5,000 with regard to social insurance. The Minister must act as Minister for Social Welfare in this matter, not as Minister for Health.

I am quite sure that if the consultants had told the Minister they would be happy to provide cover for people with an income of £6,000 he would have rushed into this House and made provision for a limit of £6,000. Instead they have set a maximum of £5,000 which we consider to be entirely inadequate. Tens of thousands of people will be affected. We are back to the old story of one benefit for one group in the community and another kind of benefit for another group. In 1978 we should be more imaginative in our approach and less open to health pressures in social insurance legislation.

I am a little loath to speak on this amendment for a number of reasons. I am quite convinced that the Minister has every intention between now and next April of changing the upper limit and I have no intention of suggesting a figure that he might use when changing the upper limit to justify introducing that figure. Of necessity the House is being forced to speak on this amendment in a vacuum. I only got Deputy O'Connell's amendments since our discussions began this afternoon. His amendment ruled out of order refers to the casting of the rate at a lower rate than 3.2 per cent; it refers to the casting of the rate at 2.5 per cent and refers also to the adjusting of the upper sum from £5,000 to £8,000. Therefore, while amendment No. a 1 appears to be out of order because it would constitute a charge on State funds, the combination of the recasting of the rate with the raising of the sum might not necessarily have resulted in any reduction in the total take by the State. I am surprised that the Minister, when replying to Deputy O'Connell, did not explain what would have been the effect of the Deputy's amendment.

The one amendment allowed stand was that to increase the upper income limit from £5,000 to £8,000. It appears to me that that would mean that everybody earning over £5,000 would be paying more than is envisaged in the Bill, because on an income of £5,000 at 3.2 per cent a contributor would be paying £160, whereas a contributor on the upper £8,000 would be contributing £256, almost another £100. If Deputy O'Connell's first amendment had been allowed stand and taken in conjunction with this amendment it would have meant, at the lower rate of 2.5 per cent, that everybody earning less than £6,400 would be paying less than it is anticipated they will have to contribute under the terms of the Bill as it stands, that everybody earning from £6,400 to £8,000 and upwards would be contributing more than at present.

It appears to me that what Deputy O'Connell has been endeavouring to do is to suggest a complete recasting of the sources and income strata from which the Social Insurance Fund would be funded. I would have thought that the Minister, with the assistance of his advisers, would have been able to enlighten the House as to the total, combined effect of having the lower rate levied on all contributors but having the ceiling for income purposes raised from £5,000 to £8,000. I am not going to make the Minister's job any easier by saying that I think the level should be £5,000, or £4,000 or £8,000. But the Minister ought to have enlightened the House as to what would have been the total effect on the State take and on the fund, as such, by the acceptance of Deputy O'Connell's amendment.

Very simple. It would cover 75,000 employees and £10 million extra in income.

Obviously Deputy O'Connell's intention was that the change in the rate from 3.2 per cent to 2.5 per cent should have been taken in conjunction with the change in the upper limit of the sum. One amendment being ruled out of order and the other being allowed stand means that we are discussing what I take to be his proposal in rather a vacuum. I would have thought it would have been helpful had the Minister been able to explain to the House what would have been the effect of having a lower overall rate but a higher income limit.

That depends; one is a reflection of the other. You can get an infinite variety of combinations.

Of course, but there are suggested rates in his amendment and it would have been interesting had the House been able to hear——

It was 2.5 per cent instead of 3.2 per cent.

Deputy O'Connell suggested that the reduction in the insured contributor's rate from 3.2 per cent to 2.5 per cent would have meant, on my calculations, that everybody earning less than £6,400 would have been paying less than that involved in the Minister's suggestion. Everybody earning from £6,400 to £8,000 would have been paying 2.5 per cent of their income, which would be more than the maximum at present, which is 3.2 per cent of £5,000. Similarly everybody earning over £8,000 would have been contributing more.

I cannot speculate on what Deputy O'Connell has in mind. All I can say is that my approach is entirely a rational one: I want to pitch the upper limit at a reasonable level. If it goes too high—for instance, if it went to £8,000—and we retained the existing percentage contribution rates, there would be contributors paying £896 per annum, about £17 per week. Deputy O'Connell's amendment would mean that the contribution in respect of an employed person at the upper level would be £17.23 per week; the employee's proportion of that would be somewhere around £5.70 per week, less the income tax adjustment.

I do not think we should be making that sort of disruptive leaps forward. What we are trying to do here is to bring in this new system in the smoothest way possible. I think I used the phrase already "in a neutral way"; in other words, that the overall level of contribution from the employed population is not increased.

Therefore, I think the level of £5,000 is the right one, and I want to repudiate completely what Deputy Desmond suggested. The consultants have nothing to do with this. In fact, they are pursuing their claims for salaries in a completely different context at present. What we are concerned with here, and the standard we have adopted, is the one internationally recognised, namely, to include in your welfare scheme the overwhelming majority of your employed population. You do not take the average weekly industrial earnings; you take that figure and multiply it one-and-a-half times. That is precisely what I have done. I have given the calculations: 63.88 multiplied by one-and-a-half gives an equivalent of £4,983 a year, rounded up to £5,000. That is perfectly defensible as a level calculated in accordance with the normal recognised practice in this area here and in other countries—one-and-a-half times the average weekly industrial earnings. I am not saying that that will be the figure on which we will settle finally in April next but it will be somewhere around the £5,000 level and will be related to a multiplier of the average weekly industrial earnings.

This upper limit is settled in a social welfare context and at this stage I think it is just about the right level. As time goes on and as wage levels change, of course it will be changed; there is nothing static about it. The Bill provides that the upper limit may be changed every year. It further provides that that will have to be a positive act: the regulations which will increase the upper limit, the maximum, will have to be put through the House. In other words, there will not be regulations laid before the House which could be cancelled out by a motion of the House. After the first year any changes to be made will have to be done positively by way of regulation brought into the House. If we were to go to £8,000 a year now—and do not forget you would not be going from £5,000 to £8,000; you would be going from £2,500 to £8,000—that would be a completely unrealistic change to make at this stage.

What we want to do is to bring in this scheme now, switch over to pay-related with the minimum of disruption possible and provide that in each succeeding year we can vary our upper limit and our rates as circumstances dictate.

This Bill afforded the Minister an unusual opportunity to extend social welfare in Ireland. We have the most appalling social welfare service in the EEC at present. We have a situation, which has obtained for years, in which people find themselves ineligible for social welfare pensions at the end of their lives. Because we have had this upper limit, people who have been eligible have been declared ineligible. We have never extended the ceiling. I have met hundreds of people who have paid for social welfare stamps but who at the end of their days have found themselves not eligible for contributory pensions because of the appalling social welfare system here. Many of these people are depending on non-contributory pensions. It is the most appalling social welfare service in the EEC because of Ministers refusing to extend the ceiling.

The Deputy will realise that that cannot happen in future, that everybody will be in and that everybody above the maximum will pay.

But not in the health service.

We are talking about social welfare.

I have said we have an appalling social welfare service. I know a case of two non-contributory old age pensioners who went to Europe to see relatives. They fell ill in Europe and could not get benefit because they were not covered by insurance. The Minister knows about this case. These people are on a miserable pension but they could not benefit although there are people with ten times their income in Europe who could qualify. In these matters we cannot isolate health from social welfare.

The Minister had an opportunity through this Bill to do something about it but he has not availed of it. Here he had an opportunity, as Deputy Desmond has pointed out, to take an imaginative step. What about the 115,000 civil servants who will not be covered?

Let me point out again that the Deputy is talking about social welfare. As soon as this Bill has been dealt with we will be bringing a Health Contributions Bill before the Dáil and we can then talk about health. Let us stick to social welfare now. The sort of situations the Deputy has been talking about cannot recur because every employed person will be insured. It will be more comprehensive than ever before, ensuring that an employed person will not be outside the net in future. The limit, whether it be £5,000, £6,000 or £7,000, will not have anything to do with people being covered. The limit is only a cut-off point at which people should pay. I am sure the ordinary working man will agree that when a certain point has been reached he will not have to pay. The fact that a person has £5,000 will not in any circumstances put him outside the services: he will be in but he will have to pay at the £5,000 or more point.

We are aware of what the Minister has been saying but I have been pointing out this astonishing coincidence that this £5,000 eligibility level applies to the health services also. In this Bill he has introduced a ceiling of £5,000, and this coincidence is of considerable importance. We are not suggesting for a moment, as the Minister has implied, that the same rate of contribution should apply to those earning between £5,000 and £8,000. Naturally there should be a rejigging of the rates downwards. We accept that there could be a substantial element of genuine redistribution in this rejigging of rates. One way or the other, the Minister will be running back to the House on an annual basis. In England the ceiling is £6,000.

The Deputy would make it £8,000, but there would still be an anomaly.

It would be mitigated if one hit a figure of £8,000 and rejigged down from that. The total contribution from an employee would be reduced overall with a ceiling of £8,000. I have been in consultation with individual members of the ICTU and they see great logic in having an £8,000 ceiling, far above the British ceiling. In such circumstances the scaling down would make for a straightforward redistribution. It would give room for a better degree of flexibility. I am not suggesting that a person on £8,000 should have to pay a 3.8 per cent contribution on a straight basis. That would make the contribution penal. There is the fact that consultations with the medical profession——

We are not considering health on this Bill—it does not arise.

It arises in every single line——

It does not arise on this Bill.

This Bill relates to the health services——

We are dealing with a £5,000 ceiling for social welfare contributions. The Deputy will have to raise the health end of it on another day.

In regard to the health services, there is a cut-off point of £5,000 and I am saying that that cut-off point was stuffed down the Minister's throat by the consultants. They are the people who say: "We will milk anybody with more than £5,000 a year but you will pay for anybody with less." This is an astonishing coincidence.

Is the Deputy aware that the working party who went careful-ly and comprehensively into this suggested £5,000?

That was a long time ago.

They reported this year.

But the report was not based on earnings in November 1978.

How can the Deputy reconcile the fact that the working party recommended £5,000 with his statement that the consultants stuffed it down my throat?

That was in 1976-77.

Is the Minister aware — Deputy O'Malley, the Minister for Industry, Commerce and Energy, elaborated this matter today at the IMI — that earnings have exploded to the extent of an 18 per cent increase this year, above and beyond any national pay agreement? By the outturn of this year we will be talking about a 20 per cent increase in average industrial earnings. I know the Minister has said, "Wait until next March or April; wait until I get out of the problems I am facing in the budget and then I will talk turkey again to you." I am saying to the Minister that there are thousands in my constituency who are earning between £5,000 and £8,000 per year and several thousands earning more than £8,000 per year. They distrust the politicians who have a cut-off of £5,000. They wish to contribute to social insurance. I am sick to death of the number of people who come back to me and say, "Why in the name of God did we not keep up our voluntary contributions?"

I strongly support Deputy O'Connell's amendment. We should have left it at £8,000 with a scaling-down of contributions, a degree of relativity and a lower base. We might even draw our baseline at the £4,000 mark. If we had done this the proposal would have been more effective and we would have been in a position to go back to the medical profession and say, "We have brought it up to £8,000. We are going to have a national health service for people earning up to £8,000." I appreciate the problem which the Minister faces in this regard. Many employers would have agreed to the proposition for accounting purposes. A double-barrelled rate of contribution should have been introduced. I see nothing wrong with the proposition and my gross earnings are about £7,500 per year. There should be a differential contribution at that level as against somebody earning £5,000.

If we go up to £8,000 per year simpliciter and make no other change, the ordinary employed person who would be paying £3.27p. per week under my proposals would on average be paying £5.23p per week. Deputy B. Desmond's point about anomalies between here and Britain — I think he is withdrawing that argument.

They have it at £6,000.

No matter how the EMS works, £8,000 here will not be equivalent to £6,000 in Britain. I am only intervening at this stage to make one point clear. What we say here is sometimes misinterpreted. I want to be sure that we are all clear about this matter. Nobody is going to be excluded from social welfare by these limits, whether they are £5,000, £6,000 or £8,000. Everybody will contribute and benefit under the social welfare scheme. The only effect of the limits is that people will stop paying any percentage above that rate. The maximum stipulated in this Bill will only be a cut-off point for determining the maximum amount that an insured person will pay. It will not be a maximum for the purpose of excluding anybody.

Will public sector employees be in?

At the full rate?

There are 120,000 public sector employees.

If the Deputy wishes to so, we will deal with this matter now.

We can deal with it when we come to that section of the Bill.

Public service employees will continue at their existing level in social welfare.

Which is one of limited eligibility.

Yes. Some day we will discuss it in conjunction with the trade unions concerned but it is not relevant at this stage. Nobody will be taken out of social welfare because of these limits. The limit is fixed at a level of one-and-a-half times the average industrial earnings, which is a simple, internationally recognised formula. I reject Deputy Desmond's criticism that the scheme is being forced upon me or upon the Govern-ment. It was put forward as the right level at which to introduce the change by a working party of experts from Social Welfare, Health, Finance, Revenue, Labour and the Public Service, a dedicated working party who did a magnificent job.

The working party of public servants.

The Minister disbanded them.

They did their work and made an excellent report. It was the best document I have ever seen. I do not mind Deputy B. Desmond making a political point but he is wrong. The £5,000 was arrived at on the basis of one-and-a-half times the average industrial earnings.

The working party arrived at that figure and the Minister used it afterwards.

Amendment No. aa1, by leave, withdrawn.

Amendment No. 2a has been ruled out of order because it involves a potential charge to the Revenue.

Deputy Boland has amendments down which are all in order. Deputy O'Connell put down amendments Nos. a1, aa1, 2a and 3a. Amendments Nos. a1, 2a and 3a were ruled out of order. We dealt with aa1 so we now go on to Deputy Boland's amendment No. 1.

On section 5, amendment No. a1 is out of order. Amendment No. aa1 has just been withdrawn. Deputy Boland's amendment No. 1 is out of order because it involves a potential charge on the Revenue. Amendments Nos. 2 and 2a are out of order for the same reason. Amendment No. 3 in the name of Deputy Boland.

I have not been informed until now that these amendments are out of order. Whatever about amendment No. 2, I am quite certain that amendment No. 1 could not be ruled out of order on the basis of its being a charge on the Revenue. There may be some confusion regarding the renumbering of amendments.

All these amendments were carefully considered and ruled out of order for very definite reasons.

When a Deputy puts down amendments like this he is normally informed in advance of the debate that the amendments are out of order. I did not receive any notification whatever. I gather that the Minister had assumed there would be a discussion on the amendments.

I may not ask for all Stages today and we could then have a discussion on Report Stage.

The Deputy can rest assured that the Chair has no reason for ruling a proposed amendment out of order except when it is explicitly out of order for definite reasons. In this case it is held to be out of order because it involves a potential charge on the Revenue. Such amendments are not accepted.

Amendment No. 1 was to have the effect of producing the same amount of money as would otherwise be produced but it would have been collected on a different basis. The last part of the amendment states:

so that the sum of such instalments would be equal to the amount produced by the rates specified in paragraph (b) multiplied by the sum specified in paragraph (c).

The effect of the amendment would be to produce the same amount of revenue for the State but the method of collection would be different.

Does the Minister wish to say something?

I can see there is a vague possibility in the case of amendment No. 1——

There is a definite possibility because it delays the payment. In the case of death taking place there would definitely be a charge on the Revenue.

And the State would contribute about 20 per cent. Perhaps the Deputy would withdraw and put down the amendment in another form on Report Stage.

I will make the point later on. Part of the confusion arises because I had not been notified.

Perhaps the time allowed for the information to reach the Deputy was not sufficient and I will check to see why he was not informed.

I move amendment No. 3:

In page 5, between lines 51 and 52, to insert the following paragraph:

"(b) Where regulations under this subsection are proposed to be made, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.".

When the Minister or his successors want to vary either the rates which would be charged to an employee or to an employer, that is 3.2 per cent or 7.5 per cent, or when there is an intention to change the upper ceiling limit of £5,000 specified in paragraph (c) of the amended section 6 of the 1952 Act, then under the provisions of subsection (5) (c) the Minister would be obliged to lay before the House the new regulations in draft form. If the Minister wanted to change the upper ceiling or the amount to be collected from an employee or an employer he would have to do so by way of draft which would have to be adopted by the House and this would allow the House the opportunity to discuss the proposed changes. That is to be welcomed and I have consistently advocated that it should be done, rather than the House seeking the opportunity to change regulations which have already been made.

While the Minister has done that in subsection (5) of the amended section 6, which to complicate matters is section 5 of this Bill, in subsection (4) the Minister gives himself power to change before this Bill comes into effect the rate of 3.2 per cent for the employee or 7.5 per cent for the employer or the upper ceiling of £5,000. We know that the provisions of the Bill are to take effect at the beginning of next April. Presumably on the basis that there might be a change in the average industrial earnings figure between now and next April, the Minister is giving himself power to change the upper ceiling. This could be done by regulation and it does not appear that such a regulation would have to be put before the House or that it would appear in draft form. It would be rather strange if the House were to debate in a vacuum the rates to be paid or the upper ceiling if by 1 April those rates and the ceiling had been changed upwards by way of regulations under subsection (4) of section 6 of the 1952 Act. It does not appear as if such regulations would be laid before the House unless subsection (4) is governed by a general section which would require all regulations to be laid before the House. If the Minister wants to change the amount to be taken from the employee or the employer after this Bill is passed but before its provisions come into operation, it is most, important that the draft regulations should be laid before the House so that the House would have another opportunity of considering the matter and finding out what the yield to the State would be and the cost to the employee and the employer.

The Deputy has not a great case. It is quite clear what he has in mind but if we look at the situation as it has been and as it will be in the future I do not think he need persist with this amendment. Traditionally there has been an annual exercise regarding social welfare. The budget makes certain changes which are put into legislation and the House gets the opportunity every year of debating the level of benefits and so on. On this occastion we are making major changes and the House has an opportunity in dealing with this legislation to discuss the percentages, the maxima and so on. It would be a bit much if following immediately on the discussion of the legislation we had a similar type of discussion on regulations made under the legislation. That would unnecessarily take up the time of the House. Anything that has to be said about these matters can be said now as this legislation winds its way through. Admittedly regulations will be brought forward between now and next April and they will be only for purposes of confirming the various figures and calculations set out in the legislation. They may vary them slightly but not very much. This Bill will settle the principles on which the calculations are to be made. If the regulations depart at all from the legislation, they will do so only to take into account last minute variations, if you like; but the House has an opportunity now to discuss the basis of the legislation, the basis of the calculations and the principles on which the scheme will operate in future. The regulations which will be made between now and next April will be almost exclusively confirmatory in effect. At the most they will make very small variations here and there.

I would have thought Deputy Boland would be satisfied with what is proposed from now on. Every year thereafter, any changes in the figures will have to be made positively by way of regulations which will have to come before the House and be debated. I could understand him having some grounds for complaint if the legislation provided that in future years the Minister could make regulations which would be operative unless they were annulled by the House. Then he could say the Minister and the Government were depriving the House of their annual opportunity to discuss social welfare matters and social welfare levels. We are not doing that. We are providing that each year in future, any changes the Minister wishes to make will have to be made by regulation brought before the House and discussed in the House and passed in the House.

On reflection Deputy Boland might agree that, as we have legislation now under which everything can be discussed, and as the regulations to a large extent will be confirming what is in the legislation, it should not be necessary for me to proceed as set out in this amendment and the next amendment.

I hesitate to use this analogy again this week but there is an element of the three card trick in this. The Minister is introducing a Bill at the back end of November which is to come into effect next April. Certain levels are set out in that Bill for social welfare contributions. A certain upper income is also set out in the Bill. On the next page of the Bill the Minister is allowing himself to change the upper income limit within the next four months and he is depriving the House of an opportunity to discuss those figures. If those changes are of a major nature there might be a very different attitude on the part of Deputies to the concept of changing the social welfare stamp to pay related contributions. If those changes appeared punitive on any section of the community, or militated unfairly against any section, there might be different things to be said on the section.

The Minister is giving himself the power to make those changes. Apart from the fact that there is to be another adjustment of .3 per cent to allow for the special contribution because of high unemployment, the maximum paid by a person earning £5,000 or more is £160 at 3.2 per cent. I am not suggesting he would but he could decide to double that figure, and the House would not have an opportunity to discuss that. In fact, the regulation making that change would not be even laid before the House. The House could suddenly discover that, while we had discussed a Bill with certain levels in it, when it came into operation in April its effects were completely different. There is a provision that draft regulations covering any changes in future years would have to be laid before the House.

There is this element of the three card trick. The Minister is holding up a figure and saying "There you see it. It is 3.2 per cent from the employee and the upper income limit is £5,000." Then he says "Before this comes into operation on 1 April next I can shuffle the lot around." If Deputies did not have to pay these rates, or if they did not read about the change in the newspapers, they might not even know that the rates and the upper limit had been varied within three months of the passing of the Bill. I fail to understand why the Minister concedes in subsection (5) the right of the House to discuss any changes in succeeding years when he does not want any discussion on changes in the most important time of all, that is, during the transition from the stamp at a fixed rate to the concept of pay related with an upper ceiling provided.

The Minister expects that between now and next April more up-to-date figures will be produced on average industrial earnings. Almost certainly if they are produced, he will change the upper limit of £5,000. The budget will be introduced next January and its effect on the income tax rate and on the economy generally may very well influence this Minister to change the rate he wishes to charge to employers and employees. The House will have passed the legislation on the basis of the figures contained in it, and we will have no further opportunity to discuss the changes the Minister may make between now and next April.

I find that an unacceptable concept. That is why I put down this amendment and it should have been accepted by the Minister if he wants to follow through the spirit in section 5 which is amending section 6 of the 1952 Act. At the very worst I would have thought regulations made under the section to which this amendment refers should have been laid before the House. There does not appear to be any provision that the regulations made by the Minister prior to next April should ever be laid before the house. I find that concept unacceptable.

Amendment put and declared lost.
Question proposed: "That section 5 stand part of the Bill."

This section contains the kernel of the Bill. It sets out to amend section 6 of the 1952 Act in its entirety. In subsection (1) (b) there is a reference to regulations to be made under section 12. Those are the regulations which will introduce the rate to be charged to public servants. On Second Stage we had a lengthy discussion about the fact that civil servants are covered for different benefits. The bulk of them are covered for widow's pensions, deserted wife's benefit and death benefit. Since the introduction of the concept that married women will be allowed to continue in the civil service, they have also been covered for the same benefits because the State has paid a contribution to itself, as it were, in respect of married and single women. The female public servant has been covered for a range of benefits, widows and orphans pension, death benefit and deserted wife's benefit, without any contribution on her part. The only contribution which most of the female public servants make is 50p a week towards the health element of cover.

Under this system it appears that the males and females are going to be made pay the same figure so that the translation of the male public servant's contribution into a pay related figure, which we have not yet heard and which the Minister was not able to give us clearly in the House when we discussed this on Second Stage, will also mean, if there is to be equal treatment, that the female public servant will, for the first time, be brought into the social insurance contribution net; and in return for being made pay what she does not have to pay at present she will be covered for only the same amount of cover as she already has. It appears rather strange to be asking single female public servants to insure themselves for cover for widow's benefit, deserted wives benefit and death benefit which they could only become eligible for if they married and remained in insurable employment. It appears to me to be rather strange to be asking them to pay a contribution in respect of that small amount of benefit. I appreciate that single male public servants are only covered for the same figure. But there is much more likelihood on their becoming married of their continuing in employment in the public sector for the remainder of their working life, whereas a high proportion of the single female public servants either resign on marriage or within a few years of it.

I accept that the Minister made some effort to clarify these points. When I suggested to the Minister that for the same amount of cover the voluntary contributors were apparently going to pay 1.7 per cent, he appeared to suggest that the female public servants who are covered for the same amount of benefits would have to pay 1.7 per cent. Presumably that 1.7 per cent of their reckonable earnings would be divided between employer and employee. But the net fact still remains that the female public servant who up to this has not had to pay any social welfare contribution will now have to pay. Indeed, she is one of the people being brought into the net to help to fund the entire changeover in the scheme. It is important that the Minister should try to explain to the House what percentage rate of contribution he envisages in respect of the public servants generally and particularly in respect of the female public servants who do not have to pay anything at all at present.

That is the first very important point. There are other points which are quite separate but which relate to section 5 in different aspects of it. I wonder would the Minister prefer if I made them all at the same time?

At present people paying social welfare contributions by way of stamp pay them on a weekly basis so that both the employer and employees contribution is spread evenly over the 52 weeks of the year. Even in the case where an employee is paid on a monthly or even on a six monthly basis the employer and employee are obliged to stamp cards on a weekly basis. Therefore, the income to the State comes in over 52 weeks and the contributions of the employee and employer are stopped over 52 weeks.

In the proposed change over to a pay-related system, assuming for the moment that the Minister does not change the upper ceiling of £5,000 which I am quite certain he intends to change, the employee and employer will have to pay at certain rates until that rate, multiplied by whatever the upper ceiling is, is reached. Consequently in certain cases employees and employers will have to pay in periods of far less than a year what should be the total twelve months' contribution into the social insurance fund. That does not appear to be fair or equitable.

I understand there is a provision in Britain whereby a person in these circumstances is allowed to have his contribution spread evenly over the entire contribution year. I accept that the effect could be relatively marginal on the individual. Generally speaking we are talking about individuals who are on a higher income, so that the effect of having to contribute their 12 months social contribution in less than 12 months would not be a marked one for the employee, and I am not suggesting that. What I do want to point out is that this could have a very marked effect on employers who have a high number of employees are earning above the upper income limit contained in the Minister's proposals, which is £5,000. Certain large employers who have a high content of highly paid employees could discover their cash flow being interfered with because of the fact that in respect of any employee earning over £10,000 a year the employer would be required to pay the social welfare contribution over the first six months of the income tax year instead of over the 12 months of the contribution year as at present. That is patently blatantly unfair to employers. I am not suggesting that employers should be given any reduction in the amount they have to contribute but I am suggesting that in fairness to employers, and especially large employers who have a high content of highly paid employees, they should have the opportunity, if they so desire, of paying the employer's contribution evenly over the 12 month period.

I suggested in one amendment, which was ruled out of order, that if an employee earning over £5,000 were to die during the year the full effect of the rate, multiplied by the sum, might not have been paid and so there would be a conceivable academic loss to the State in that regard. Strictly speaking, that argument is correct, but it is a rather harsh interpretation of the situation. I am making that same point now to the Minister and I hope he will deal with it in his reply. It is not that the State should be deprived of any money but in the case of highly paid employees the contributions should be, as they are at present, spread over the 12 months, not particularly from the employees point of view, because he is in the high income earning bracket, but from the employers point of view because there may be employers who have a large number of highly paid operatives.

The next point I want to make is that it is not at all clear in the definition of reckonable earnings what the effect of the rates charged will be. There is a situation where certain enlightened employers who, although their employees by virtue of insurance cover are entitled to claim sickness benefit when their employees become ill still continue to pay them the same amount of wages or salary as normally would have been paid. There appears to be a danger that, when this Bill becomes law, that payment which the employer would make to his employee would be interpreted as reckonable earnings even though the employee was not working at the time. Even though the employer pays his employee his weekly wages while he is sick the employer will still be expected to pay the social welfare contribution at whatever rate it is at the time on the money he pays to the employee in lieu of wages while that employee is ill.

That is the purpose of amendment No. 2, which I accept can be described as having a potential charge on the Exchequer. I believe it is unfair to firms who pay their employees while they are ill if those firms are also expected to pay social welfare contributions in respect of the money they pay to their employees. I hope the Minister will be able to tell the House that it is his intention to exclude, by regulation, any money so paid during the period when the employee is not actually in employment but is still receiving payment from his employer. In relation to the amended section 6 of the 1952 Act, paragraphs (i), (ii) and (iii) set out the varying rates which are to be collected from voluntary contributors. Would the Minister please explain what the different voluntary contributors will be covered for in return for the individual rates specified in those three paragraphs?

The Deputy has raised a number of points of some significance in relation to the administration of this new system. The first is the change in regard to female, feminine or women civil servants.

Which sort?

Feminine, female or women civil servants. I believe there is no argument against bringing female civil servants into this new system. Most Deputies are aware of the history of the situation. Formerly, female pensionable public servants were relieved of the obligation to pay the employee's share of their contribution in 1956 on the grounds that the majority of them were single and they were required to resign on marriage and consequently could not qualify for widow's contributory pension under the conditions then applicable. However, that position changed since the removal of the marriage bar in 1973 and the introduction of a lifetime average test for widow's pension. Women can qualify for a widow's pension now either on their own or their husband's insurance. The insurance of men and women civil servants, with the disappearance of the marriage bar, have equal value for widow's pension.

It seems to me that Deputy Boland's argument that a lot of those civil servants may leave the service and, therefore, should not have to make this contribution is not really valid because with the way our social structures and employment structures are moving today there is every possibility that if a lot of those women leave the civil service on marriage or shortly after marriage, in the normal course of events they will probably take up other employment. It is, therefore a good thing from their point of view that they should be brought inside the insurance net on those general grounds apart from the fact that any of them who wish to do so may now remain on in the civil service for the rest of their lives.

There is another aspect of it which from the practical point of view is the compelling argument, which is that the EEC directive on equal treatment for men and women in social security will require equality in contribution liability. This new directive will have, from the point of view of women, a number of positive things as far as any discrimination against them in regard to benefits will have to be slowly eliminated.

As the Deputy knows yesterday the Council settled on six years for this process to take place. The directive also has the other side to it, namely, that women have to have equality in so far as access and contribution liability is concerned. I do not believe we could, even if we wanted to, exclude women civil servants from paying the same contribution as men in future. I believe, in practical terms, that would end the argument even if there were other considerations involved. The other considerations which I have mentioned apply. I believe the contribution rates, as Deputy Boland suspects, will be about 1.7 per cent in total of which the employer will pay 1.2 per cent and the employee .5 per cent, the same as men.

If a female civil servant gets married and she marries a male civil servant——

That is what we expect her to do.

It is another matter what the Minister might expect a female civil servant to do. If she marries a male civil servant and they both remain in employment in the civil service they each separately pay into a fund to be covered for benefits which she can enjoy only if he either dies or absconds the marital home. Is that not an unfair situation? situation?

That more or less applies at the moment throughout the whole insurance system. It is one of the things we will have to get around to dealing with.

At the moment the female civil servant does not pay at all:

At the moment the situation the Deputy is describing for me and asking me to say is unfair is the sort of situation which applies right through the whole welfare insurance world and is one of the things that arising out of the directive yesterday we will have to deal with in a very comprehensive fashion. We will have to ensure that any rights or benefits applicable to men will be equally applicable to women in their own right. We will also have to ensure in future that we cannot incur the burden of duplication and that we cannot have married people drawing benefits in respect of each other or both parents drawing in respect of the same children. All those things will have to be teased out now and that, perhaps, is also the sort of thing which could be dealt within that context. The simple compulsion at the moment is that these female civil servants are entitled to these limited benefits in their own right, the same as men, and therefore it is reasonable that they should contribute a limited amount.

The Deputy will also be aware that on the non-existent Labour benches there is an incipient demand that the public service as a whole be brought into full insurance cover. The Deputy's Labour colleagues are going in the opposite direction from the one he suggests I go.

The Deputy raised the point about trying to make provision for a person who is in permanent stable employment and who goes over the limit in one year and is therefore almost certain to be over it the following year and said he should be entitled to have his payments fixed for the following year, spread over 50 or 12 equal instalments. There are many arguments against that. It would have to be of universal application. It would be quite inconceivable administratively to restrict it to people who are in permanent stable employment and unlikely to be leaving that employment the following year. If it was fixed on that basis, there could be situations where people would leave employment before the full amount was paid in the following year, and to that extent the fund would be at a loss. Apart from that, it is not acceptable in principle. The principle is that we go over to cumulative pay-related contributions. Each instalment of income attracts the pay-related contribution. What Deputy Boland is suggesting would depart in principle from that. It would be going back to a flat rate contribution system.

A further factor in the situation is that PAYE and existing pay-related contributions are deducted on the basis which is enshrined in the legislation, namely, each instalment of income, weekly or monthly, attracting its appropriate percentage deduction. This new system, if it is to work, must fit in with PAYE and the existing pay-related scheme. If it is to fit into this structure, each weekly or monthly instalment as it is paid, must attract its pay-related contribution on that amount.

Even if it were acceptable in principle, and it is not for the reasons I have outlined, and even if it were acceptable administratively, and it is not for the reasons I have given, I do not think the disadvantages involved for either the employee or the employer would justify us making the change. I do not think that the disadvantage to the employer or employee is of such an overwhelming nature that we could depart from our principle or that we should interfere with our administrative efficiency to cope with it. It is not of such significance in the scheme of things.

Does the Minister have any idea how it will influence the cash flow into the fund? He must have some idea of the numbers in the income band above £5,000.

They would be very abstruse calculations which I am afraid I do not have——

It is extraordinary how some people can give exact figures to justify something but are abstruse when one wants the facts——

Yes it is. The Deputy raised a third point.

It related to employers who paid an employee who was ill, who might also have to pay social insurance——

The same arguments apply here. Disability benefit is out. What the Deputy is referring to are oc-cupational schemes in which sick pay is paid outside the social welfare scheme. There is no option but to include it, whatever the desirability socially of excluding it might be. Payments of sick pay under occupational schemes are included for PAYE and pay-related benefits and have to be included for this purpose. In my view there is no unfairness involved in including them. They are gross earnings. To exclude them could distort the picture of gross earnings throughout the year. It would be entirely different if disability benefit were included. I cannot see that there is any justifiable reason for excluding sick pay under occupational schemes, but even if there were, it would be very difficult for us to do this administratively.

Is the Minister saying that if a firm decide to pay an employee while he is sick, or in the case which I would have instanced in my amendment had it been allowed, if a man is in receipt of disability benefit, the State would regard those payments as money earned by the employee for performing a service for his employer and the employer and employee would be expected to make a contribution in respect of those payments.

That is the way it is at present under PAYE and pay-related. There is no change in principle.

That is not the way it is at present under the insurance stamp. If a person is receiving a payment out of the State insurance fund, his card is marked with a credited contribution in respect of the period for which he receives payments from the State because he is ill or disabled. Under this changed situation, while he might be paid by the State because he is not able to work, if his employer is enlightened enough to pay him the equivalent of his wages, the employer will have to make a contribution to social insurance fund. He has to pay insurance for a man who is being paid his wages while he is sick and who is also paid by the State.

There is no difference in principle. The flat rate system is a different system and did not lend itself to any adaptability. We are going over to the pay-related concept. What we are proposing applies in relation to PAYE and pay-related benefit. We are following that idea. Why should sick pay not be included in a man's gross earnings? He gets sick pay because he is an employee. It is an obligation his employer has to him as a result of that scheme. The disability benefit does not count. That is still looked on separately. In so far as there is an addition to income in this way, it attracts the appropriate pay-related contributions. Otherwise, the Deputy will admit, the person who is in employment which had not got an occupational scheme would be treated relatively unfairly. As I said, I do not think there is any element of unfairness in this proposal, particularly as it just follows on what has been established in relation to pay-related benefit in particular.

At the moment, employers do not pay when an employee is ill. Will the Minister define the benefits that are ensured in return for the three rates set out in subsection (3) of the new section, section 6?

At present there are three separate categories of voluntary contributors, each paying a different flat rate contribution. The first category comprises persons insured for old age contributory pension, retirement pension, death grant, widow's contributory pension and deserted wife's benefit. The rate of contribution in that case will be 4.4 per cent under the new system.

The second category have cover for widow's contributory pension and deserted wife's benefit only. Their contribution will be 1.7 per cent.

The third category is comprised of persons who on 31 March 1974 were voluntary contributors at the higher rate but who on the abolition of the income limit for social insurance purposes became compulsorily insurable, but for widows and orphans pensions only because they are employed in the public sector. They were allowed to continue as voluntary contributors for old age contributory pension, retirement pension and death grant. This was to preserve their acquired rights to those benefits as well as being insured compulsorily for widows and orphans pensions and deserted wife's benefit. In their case the new income-related voluntary contribution will be 2.7 per cent.

We have been through all this carefully and the Minister has confirmed everything I said on Second Stage. When the Bill was introduced the Minister said it would not have the effect of bringing in any additional revenue to the State coffers. He told us that he had been anxious to change over from the flat rate to the pay-related system in as equitable a way as possible so that the State did not stand to benefit in any way. In his reply today the Minister has proved conclusively, first, that the rates set out and the upper income limit provided for in section 5 may be varied between now and 1 April, the date on which the Bill is to come into operation. Therefore, the House will not have any opportunity of discussing any variation upwards in the rates that may be imposed on employer and employee. Neither will the House have an opportunity of discussing any upper ceiling that may be placed on incomes and which would affect the amount to be paid both by employer and employee.

In addition, I have shown that the female public servant is insured, at no cost to her, for a small amount of benefit. The State pays for that insurance enjoyed by the female employee even if she has only a notional idea of ever benefiting from it. However, from 1 April next she will have to pay for that insurance. We do not know how much she will be asked to pay but between her contribution and that of the State the total amount should be 1.7 per cent.

Then, there is the person on a high income who now pays his contribution during a 12-month period but who under the new system will have to pay during a six-month period because of the change in the pay-related system. His employer, too, will have to pay his contribution towards the employee's insurance in a six-month rather than a 12-month period. Anyone earning more than £5,000 per year will find that both he and his employer will have to pay the social welfare contribution during whatever period in the year the £5,000 is earned. Therefore, people earning £10,000, for example, will pay their contributions in the six months instead of in 12 months and, more importantly, their employers will have to pay the higher rate during a six-month period. The result of this will be manifested in the effect on the cash flow of the firm employing a large number of highly-paid people and such people are usually skilled operatives or people in senior management positions. In other words, they are people who are vitally important to the generation of growth and the production of further employment opportunities. Because of this change it can be seen that the State will not be providing any encouragement or any incentive to employers to engage highly-skilled people; and these are the same people who when the Health Bill is introduced will find that they are to lose some of their health benefits.

In addition—and this is the part I find most difficult to understand—there is the position of an employer who at present pays an employee when he is sick what are commonly known as wages but which are the equivalent of his wages although the employee is not producing any benefit for the employer. In such cases the employer does not have to pay social welfare insurance in respect of the employee but there is a credit contribution recorded on the card instead of a stamp. Such enlightened employers will now have to pay to the employee the same percentage of the money as would have to be paid if the man had been in gainful employment. The State is forcing that employer to pay into the Social Insurance Fund and the employee will be deriving the benefit of the State payment by virtue of being covered by social insurance. There is no incentive in such a situation for an employer to pay an employee during a time of sickness. The Minister told us when the Bill was introduced that it would not have the effect of penalising anyone, whether employer or employee, and that the legislation would not bring in any additional money to the State. However, I have outlined three areas where additional money will accrue to the State.

Question put and agreed to.
SECTION 6.
Question proposed: "That section 6 stand part of the Bill."

Perhaps the Minister would clarify for the benefit of the House the type of regulations he would envisage making under this section which amends section 8 of the Principal Act.

The regulations are set out in detail in the section.

It is stated that regulations may provide for the time and the manner of payment of an employment contribution.

I do not understand the Deputy's question.

Section 8 of the Principal Act which is included in this new section here sets out that regulations may provide for the time and manner of payment of employment contributions. The remainder of what is contained in the other paragraph of subsection (1) of section 8 is clear enough but I do not understand the reference to provisions for regulations to set out the time and manner of payment of contributions. I understood that the question of the time and manner of payments had been dealt with by virtue of section 5 of this Bill which in effect amends section 6, subsection (1).

The provision is roughly the same as that which applies to the 3 per cent pay-related contribution at present.

Is that not provided for in section 5?

It is not.

Question put and agreed to.
SECTION 7.
Question proposed: "That section 7 stand part of the Bill."

Can the Minister explain the reference to a person who works under the general control of management and the person who is not his immediate employer?

What is the Deputy's problem with that?

Can the Minister explain the purpose of this amendment to section 11 of the Principal Act?

It re-enacts in a form suitable to the arrangements for collecting the new pay-related contributions one of the provisions of the existing section 11. This will enable regulations to be made to deal with liability for contributions in the case of a person working under the general control or management of a person who is not his immediate employer. The terms of these regulations will be broadly similar to the present ones. Under these regulations the principal employer, and not the immediate employer, will be treated as the employer. The principal employer may deduct the amount of the employment contribution from remuneration paid by him to the intermediate employer who in turn can recover the employer's share from the employed contributor.

Question put and agreed to.
Section 8 agreed to.
SECTION 9.

Amendment No. 3a in the name of Deputy O'Connell has been ruled out of order.

Section agreed to.
Section 10 to 14, inclusive, agreed to.
SECTION 15.
Question proposed: "That section 15 stand part of the Bill."

Section 15 refers to the Intermittent Unemployment Act. That is in relation to wet time.

Wet time, yes. I will explain what is involved here. At the moment the wet time scheme provides that in order to claim wet time the employer must be in possession of the employee's insurance card. The purpose of that is to make sure that the employee is not drawing unemployment benefit at the same time. That will no longer apply, so we have to think of some new safeguard.

The Minister says we have to think of some new safeguard. All section 15 does is to repeal that requirement.

Yes, because there will be no cards.

It appeared to me until I heard the Minister's words a moment ago that wet time cards were still going to remain in existence.

The social insurance card is the relevant one.

What is going to happen?

I am discussing the whole wet time system with the employers and trade unions at the moment.

Does this mean that the wet time system that operates at present on the basis of the card is going to have to be replaced next April by some other system?

No, by some other safeguard.

Will that other safeguard be introduced here by way of legislation?

We have at present a provision which stops an abuse of the social welfare system. The Minister is repealing that because the cards will not be in existence from April onwards.

The Minister is not explaining to the House how he is going to continue the effect of this which is to stop an abuse of the system. He is asking us to rely on——

I am asking for authority to discuss this with the trade unions and employers.

When you give the Minister authority to do anything he ends up in Brussels as far away as he can be from the nurses and making a statement saying he is sorry about the whole thing.

That is not true.

If we give the Minister authority for this God knows what situation we will end up in in relation to the operation of wet time insurance after next April.

This is only a consequential amendment. I cannot make people produce insurance cards when insurance cards are done away with.

What is the Minister going to do instead?

I do not know yet. We will have some other safeguard.

Is the Minister going to tell us on Report State?

No. The whole wet time situation is under review between myself, the employers and the trade unions at the moment. I will be meeting them very shortly. I will be glad to let the Deputy know what we will substitute whenever it is decided on.

Question put and agreed to.
SECTION 16.

I move amendment No. 4:

In page 10, between lines 36 and 37, to insert the following new paragraph:

"(b) Where regulations under this subsection are proposed to be made, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.".

The same points apply as I made in relation to amendment No. 3.

We would only be repeating our argument.

Is the amendment withdrawn?

No, the same as happened with amendment No. 3.

Amendment put and declared lost.

I move amendment No. 5.

In page 10, between lines 36 and 37, to insert the following subsection:

"(3) Section 36 of the Social Welfare (Occupational Injuries) Act, 1966, is hereby amended by—

(a) the substitution in subsection (4) of ‘paragraph (a) (ii)' for ‘paragraph (b)', and

(b) the deletion of subsection (6).".

This is a technical amendment.

Amendment agreed to.
Section, as amended, agreed to.
SECTION 17.
Question proposed: "That section 17 stand part of the Bill."

Have we any indication of when the Minister for Labour may introduce the other necessary legislation?

No, I think it is all clear now. It is mainly a matter of parliamentary time.

It is almost part of this entire scene when everything is being taken deliberately in easy stages.

Question put and agreed to.
Sections 18 to 21, inclusive, agreed to.
Title agreed to.
Bill reported with amendments and passed.
Top
Share