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Dáil Éireann debate -
Thursday, 16 Oct 1980

Vol. 323 No. 2

Social Welfare (Consolidation) Bill, 1976: Motion.

: I move:

That it is expedient that the Social Welfare (Consolidation) Bill, 1976 which stands referred to the Standing Joint Committee on Consolidation Bills be withdrawn from the Committee so that the Bill may be withdrawn in the Dáil; and

That a Message be sent to the Seanad requesting its concurrence in the resolution to withdraw the Bill from the Standing Joint Committee on Consolidation Bills.

The Social Welfare (Consolidation) Bill, 1976 was introduced in Dáil Éireann on 16 November 1976. It was given a Second Reading on 23 February 1977. Subsequently, a motion was agreed in both Houses to have the Bill referred to the Standing Joint Committee on Consolidation Bills which is established under Standing Order 113. The Bill, which had not been considered by this Standing Committee, lapsed on the dissolution of the Dáil on 25 May 1977.

On the setting up of the present Dáil the Bill was revived and restored to the Order Paper on 2 November 1977 and was again available for examination by the Standing Joint Committee on Consolidation Bills. Arrangements to have the Bill examined by the Committee were well advanced in 1978 when they were overtaken by the enactment of the Social Welfare (Amendment) Act, 1978 which introduced pay-related social insurance.

Since its introduction in November 1976 five further Social Welfare Acts have become law. To incorporate the provisions of these Acts into this Bill would necessitate several hundred amendments which would have to be considered by the Standing Joint Committee. Rather than present the Committee with this difficult task the Government considered it a more practical approach to remove the present Bill from the Order Paper and to introduce an up-to-date Consolidation Bill. The motion commences the procedures necessary to enable the Social Welfare (Consolidation) Bill, 1976 to be withdrawn from the Standing Joint Committee on Consolidation Bills. The motion will have to be agreed by the Seanad before the Dáil can order the discharge of the 1976 Bill. These procedures must be completed before the revised Consolidation Bill can be referred to the Committee.

I will, however, be seeking leave today to introduce in this House the revised Bill—the Social Welfare (Consolidation) Bill, 1980—before the processes of discharge of the 1976 Bill are completed. In addition, with the agreement of the Whips, I will be proposing that Second Stage of this new Bill be taken early to ensure that the Bill can be referred to the standing joint committee as soon as possible. It is very desirable that they should have adequate time to consider the Bill before there is any amending social welfare legislation which would complicate what will, in any event, be a very onerous task. I know that Deputies are as anxious as I am to have the Bill enacted and I am sure that I can depend on their co-operation.

: I appreciate that at the best of times a Consolidation Bill is not one that is given the same glare of publicity as certain measures may receive and from that point of view it is not always as attractive to the Minister charged with responsibility for seeing its enactment. However, I cannot help wondering at the expression of urgency which we hear this afternoon in view of the fact that the existing Bill is on the Order Paper for three years despite repeated requests on at least six occasions in this House. The Minister who was responsible for seeing that Consolidation Bill through its non-publicised committee hearings refused adamantly to have anything to do with the advancement of that Bill. The excuse that is advanced now, that the events of 1978 and the introduction of additional social welfare legislation meant that the Bill became rather obsolete, is not fair or accurate, in view of the fact that in every year there has to be at least one Social Welfare Bill to give effect to the budgetary provisions and in most years there are several Social Welfare Bills. Before this 1980 Bill becomes consolidated, almost certainly at least one more Social Welfare Bill will be published. Therefore, it is absolutely unacceptable to suggest that the reason the committee never met or the Consolidation Bill was not advanced was that further legislation came on to the Statute Book. I am afraid that the reason was that the Consolidation Bill did not merit as high a profile in the media as some of the other measures occupying the mind of the Minister responsible at the time.

I am informed now that this new Bill which was published last week is required to be enacted by Christmas, after three years of no movement whatsoever in the case of its predecessor. I am quite happy to co-operate in the consolidation of this legislation as I requested over the last three years. I am not prepared to see it being done in a hurried way over four weeks and I am not prepared to see it being done now at the cost of a considerable burden of work on the members of the standing committee because of the tardiness and failure of the man who was responsible for its predecessor.

: I take it that we definitely agree that unless it is taken as a matter of urgency and pursued before Christmas we will get into difficulties again subsequently with further legislation. I ask the Deputies to bear with me. I will give every assistance to them in getting through this Bill and I will supply them with a very detailed brief which I trust will be very valuable in considering the Bill and I trust that they will co-operate in this. If we do not approach it in this way I believe that we will never get Consolidation Bills through the House.

: That approach was offered three years ago.

: Is the motion agreed?

: The motion is agreed, but the obstruction for the past three years did not take place on this side of the House.

Question put and agreed to.
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