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Dáil Éireann debate -
Wednesday, 15 Mar 1989

Vol. 388 No. 4

Social Welfare Bill, 1989: Report and Final Stages.

I move amendment No. 1.

In page 21, before line 1, to insert the following:

"30. Section 112 of the Principal Act (which relates to the administration of benefit) is hereby amended by the insertion in subsection (3) after paragraph (c) of the following paragraph:

‘(d) notwithstanding any other provision of this Act, or regulations made thereunder, for enabling the increase for a prescribed relative payable under section 50 (11), 51 (2), 81 (3), 86 (3), 91 (3), 95 (2) or 103 (2), subject to such conditions and in such circumstances as may be prescribed to be paid directly to the prescribed relative.'.".

This is the amendment to which we agreed this morning and it was prepared during lunchtime. It relates to the prescribed relative's allowance being paid directly to the prescribed relative.

I am happy that the Minister has taken my amendment on board. It incorporates the principle I had in mind and to which I referred on Committee Stage.

I hope we are now opening up a new era for those who look after elderly and incapacitated pensioners. I also hope we have taken what is only the first step. Now that we have agreed to make the payment direct to the carer — I am very glad to have been associated with having put down the amendment on Committee Stage — the next stages must be, first, to broaden the category of those who qualify for the allowance and, second, to ensure that the payment made to the carer is adequate. I appreciate that there is a cost involved in so far as the Department of Social Welfare are concerned, but if we take overall Government finances into account there could be a net saving.

If the financial resources were available many people now being cared for in homes, hospitals and geriatric institutions would be cared for at home. When we take into account the cost of maintaining someone in a hospital, up to £1,000 per week in some instances, it makes economic sense to focus on care in the home rather than in institutions.

Now that this principle has been accepted, I will in the future try to ensure that the amount paid to the carer is adequate. Quite frankly, I do not accept that the sum of £28 per week is adequate. We should aim to bring that figure up to, at the minimum, £42 which is the level of supplementary welfare allowance. However, that is down the line. I am delighted that the principle which I proposed on Committee Stage this morning has been accepted and it was encouraging that my proposal received support from all sides of the House.

I welcome the amendment the Minister has proposed on Report Stage. It is a step in the right direction. Obviously there is a long way to go yet in dealing with the carers of elderly people but, as I say, I acknowledge the important step the Minister has taken in that direction.

I thank Deputy O'Keeffe for accepting the approach proposed in the amendment. In using this practical approach we would be able to deal with the difficulties which may be encountered in taking what we all believe to be an important step, the paying of the prescribed relative's allowance in the future to the relative providing the care under the same conditions which have applied up until now. Deputies have spoken of the need for a wider scheme and the need to provide more care and assistance for elderly people. Naturally I am also concerned and at this stage I can only assure Deputies that we will be looking at this matter further to see how we can move forward with this scheme.

Everyone fears that once the door has been opened everybody will be looking for all sorts of extensions and improvements. This is an important step we are taking. It is one we can develop but we will have to develop it within the resources available. I can assure Deputies that I will give a good deal of attention to this question over the coming months to see if anything further can be done. It is a very useful mechanism for the provision of support. Of course it could operate in a different way in that, as some Deputies have said, it could bring people out of other schemes and into this one. We will have to see how this can be done but it is our intention that the assistance required will be provided following a means test which is the way it operates at present.

Deputy O'Keeffe has also found a solution for one of his other problems. At present the prescribed relative's allowance is subject to tax, but under this new arrangement where it will be paid to the carer it will not be subject to tax. I am aware that this could impose a charge on the Exchequer and the Deputy will be pleased that I am introducing it but there is no question of that arising.

I thank all Deputies who have contributed to the debate, Deputy O'Keeffe in particular, who put down the original amendment which I am very happy to meet in this way.

Amendment agreed to.

As that was the only amendment we will now continue ——

Let me intervene at this point to say that there is one other amendment in the course of circulation and I will outline it. It is an amendment to the Principal Act, section 115 (1) (f) (i) and relates to an amendment which Deputy De Rossa put down on Committee Stage but did not press, amendment No. 27. That amendment reads:

14. Section 115 of the Principal Act is amended by the deletion in subsection (f) (i) of the words "shall be disqualified" and the substitution of the words "may be disqualified".

Where a person is found guilty of an offence and is found guilty of fraud in respect of unemployment benefit or disability benefit and the court imposes a penalty, an additional penalty is applied with the person concerned because he loses benefit for six months. In his amendment Deputy De Rossa sought to substitute the words "shall be disqualified" with the words "may be disqualified" to provide a degree of discretion in that area. He said he had come across cases where this penalty was particularly severe. I appreciate the case Deputy De Rossa has made but there could be difficulties in allowing a degree of discretion in this area because if each deciding officer had a degree of discretion there would be variations.

In the amendment being circulated, a very simple one, I propose to reduce the period from six months to three months. This is the period which applies in other legislation. I propose to take that step having listened to the points made by Deputy De Rossa and to take a further look at it later. It is comparable to provisions contained in other legislation.

It would simply be a matter of changing the figure "6" to the figure "3" in the legislation. If the House agrees, we can proceed with this amendment.

Again I welcome the Minister's approach to this question. As I mentioned on Committee Stage, it was quite oppressive in many cases for a person to have a double penalty applied. A case was brought to my attention of a woman who was in receipt of disability benefit and who had quite a traumatic family experience. Her mother and some of her relations were burned to death in a fire and as a consequence of that her whole life became disoriented. After a time it was found she had been overpaid disability benefit for a period of months to the tune of £648.67. When this was discovered she agreed to repay that amount and had it repaid. When the amount due had reduced to £20 she received a summons to appear in court. She went to court and pleaded her case. The judge acknowledged the position she had found herself in and applied a fairly small fine of £50. She had reduced the overpayment from £648 down to £20; she was fined £50 and subsequent to that she got a letter in the post from the Department saying she would now no longer be entitled to her disability benefit for six months and there was no appeal against this. I wrote to the Department about it and asked if this could be reviewed. I got a very courteous letter in reply saying they regretted there was nothing they could do about it, it was in the legislation, it was mandatory that this penalty would apply; the benefit would be withdrawn for six months and that was the way it had to be. I wrote again explaining the circumstances and they wrote back again in a very courteous way explaining there was nothing they could do but when the six months was up they would be prepared to consider the question of the balance, which was quite small at that time, being paid at £1 or £2 a week if she had a fresh claim for disability benefit.

Obviously, the fault is not with the Department of Social Welfare in this matter. The Act was passed by this House. Once a person is convicted in the court of, presumably, fraud — although in this instance I think that is too strong a word to use — the benefit is lost automatically for six months. Her husband was in receipt of unemployment benefit, therefore she could not qualify for supplementary welfare allowance as might be the case if she was the sole earner in the home.

Another case was brought to my attention of a man who was overpaid £2,000, had repaid £400 of it and was fined £100 in the courts. He had been paying at the rate of £9 a week off his unemployment benefit and was subsequently informed he was going to lose his benefit for six months. The only thing he could get in place of that benefit was supplementary welfare allowance, which meant a dramatic drop in family income and family circumstances. That is too draconian an application of the law against the people who by and large are poor.

I have no problem in relation to applying the law to people who are well off and can afford to lose a month's money. Indeed. I am not aware that the law in relation to tax evasion is quite as draconian as this legislation in relation to social welfare. For that reason I welcome the Minister's response in introducing an amendment which will reduce the obligatory loss of benefit from six months to three months. I hope he can in the fairly near future introduce a degree of discretion in how this is applied. Deputies in this House will be aware of cases where the loss for even a few weeks of social welfare income can have devastating effects on a family. It should not necessarily be at the discretion of the social welfare officers on a local basis. It is not necessarily the best thing to give discretion to the Minister — not that the Minister would abuse it in any way but it leads to politicking and TDs being approached and having to write to Ministers and so forth. However, some form of discretion needs to be introduced so that, depending on the circumstances, the penalty need not be applied.

I wonder to what extent the district justices, before whom I am sure most of these cases come, are aware when they convict that there is an automatic loss of benefit to the person charged. It seems, judging by the amounts of fines involved in the two cases I have referred to, they considered, taking everything into account, that they applied a fairly minimal fine. Maybe they are not aware that there is a further penalty to be applied. I wonder if it would be possible for the Minister to convey to the President of the District Court or whoever it may be that this is the case and that, while we need to deal with cases on a fair basis, the fact that a penalty of loss of benefit will apply should be borne in mind when conviction is being considered. Again I thank the Minister.

Acting Chairman

We now have the amendment. Does the Minister wish to read it out?

I move amendment No. 2:

In page 21, before line 1, to insert the following:

"31.—Section 115 (1) (as amended by section 21 of the Act of 1988) of the Principal Act is hereby amended by the substitution in subparagraph (i) of paragraph (f) of `3 months' for `6 months'.".

Deputy De Rossa has made a good case in relation to this amendment. I am glad to see the Minister has the good grace to respond to the case made and to move this proposal. Looking at the situation dispassionately and listening to it as described by Deputy De Rossa, it seems an element of double penalty is involved here which raises the question of constitutionality. Needless to say, I accept the proposal as now suggested by the Minister as an interim solution. It is a reasonable response at this stage.

Perhaps the matter should be looked at further. Generally, as a lawyer, I feel there are great dangers associated with mandatory penalties. Circumstances in cases can differ so widely. Deputy De Rossa's point is well made, that in many cases where a district justice is imposing a fine under this section that district justice may not be aware of further penalties attaching to conviction. I suggest to the Minister that an ultimate solution to the case made might be that a discretion should be included and that discretion should be exercised by the district justice. That would cover the point raised by Deputy De Rossa that district justices may not be aware of this penalty and such would have to be brought to their attention by the prosecuting authorities from the point of view of having the penalty under this subsection fixed. That might be the best answer, that a discretion would be included under the subsection and the discretion would be exercised by the district justice. I mention that for consideration for the future. The interim solution now proposed is fully acceptable.

I welcome this decision. We have all come across cases of severe hardship under this heading. I spoke strongly on Second Stage regarding my concern about the whole penalty issue, the investigating of alleged fraud, the manner in which it is being dealt with and what happens as a consequence. I was effectively calling for some code of conduct in the manner of investigation and prosecution of cases under this heading. The opinion is abroad that the investigation are being carried out by officers of the Department who are like a Gestapo brigade. I am not suggesting that this is the case. Nevertheless there is a feeling that there are spies under every bed to see if people are abusing social welfare. I was advised during the week about a person committed for a very serious crime who, I understand, was employed in some capacity by the Department for the purpose of spying on people to gather information about alleged social welfare fraud. Perhaps the Minister would clarify for the information of the general public whether the Department, apart from the officers of the special investigating unit, pay any money to members of the general public for the purpose of gathering information about social welfare recipients. For example, I could write a letter on behalf of my next door neighbour and say that Joe Black is working on a building site, simply because I might have had a row with him. I had a number of amendments on Committee Stage in relation to this matter but we did not reach them.

There should be a code of conduct because these people are not members of the Garda Síochána and are not covered by the Department of Justice. They are employees of the Department of Social Welfare but they are acting as if they had more power than the Garda, even the Special Branch. They can apparently enter wherever they wish. They can do what they want and they do not have to caution people or to give any information before an appeal takes place. A person is guilty until proven innocent, which is a complete contradiction of every democratic law enacted by the Oireachtas. The Minister should clearly state the manner in which information is collected for the purpose of the prosecution of cases.

This amendment is a move in the right direction but people can still effectively be convicted on information against which in many cases they do not have the opportunity of appealing before they go to the civil court. A deciding officer will make a decision to disqualify a person on information supplied by a member of the special investigating unit. That information could be gathered from anybody, perhaps from a neighbour who disliked the person concerned. I was on the appeals panel for 25 years so I know what I am talking about. I have seen people disqualified from benefit on the basis of information supplied by the special investigating unit, although that information was not supplied to the person charged with fraud or to any person representing him or her. I have represented people in hundreds of cases and I found it almost impossible to get the relevant information. The Department officials will not give copies of whatever correspondence they have. This is the only legal transaction where one cannot look at the Book of Evidence or get any information as to how the crime is being prosecuted. This could probably be dealt with by the Minister without coming before the House. If something is not done to rectify matters, we will have to bring forward a measure in Private Members' time.

Judging from the correspondence and telephone calls I receive there is unease in the minds of the public about the manner in which these investigations are conducted. If there is a suggestion of fraud and benefit is stopped on the decision of the deciding officer, the person concerned should be given full information as to the basis on which the decision was taken. He or she should be informed as to whether it was taken on the basis of a neighbour's complaint. In some cases I discovered that relatives were fighting among each other and were giving information out of pure vindictiveness. In many cases deciding officers debar people from benefit on that kind of basis. I also had a case of mistaken identity where a man with seven children was debarred from benefit on Christmas Eve.

Another point is that employment exchanges are passing on information to community welfare officers. They telephone to say that a person is on his way with a letter stating that his case is under appeal but as far as they are concerned they have the evidence that he is guilty. The community welfare officer will then say he cannot pay that person if he is defrauding the Department of Social Welfare. These people are going from the Department to the health board in a most degrading way. A fellow who committed murder would not be treated like that; he would be let out on bail. One would need to commit the most serious of serious crimes before the forces of the law would act in the way they are acting against people whose claims are under investigation. In saying that I want to put it on record that my party do not condone in any way social welfare fraud. Such fraud robs money from people who are paying PAYE and people who would be benefiting if more money were available.

Some of the officials think they have unlimited rights of investigation, which in fact they have. They can demand whatever information they like from the bank, the post office or credit unions, without any court order. They can enter any premises on the same basis and demand any information they want, again without a court order. They can tell a person he is guilty and tell him to prove himself innocent. I have personal experience of representing people like that and of asking to be shown the evidence on which these people were disqualified. In many cases they did not make that information available to me. If the Minister hopes to get public opinion in relation to the investigation of social welfare fraud and abuse with him he will have to produce a code of conduct which will be accepted as reasonable and fair by the public. That code of conduct will have to be on the basis of a person being innocent until proven guilty. There is little point in a person being told six months after he or she has been accused of fraud that he or she is innocent of the charge because in the meantime a family may have had to exist on a handout from a community welfare officer, if they are lucky. I welcome the change introduced by the Minister; it is reasonable and we should review it next year.

Will the Minister indicate when the proposal will come into effect? Will claimants who had the six month penalty applied to them three months ago be in a position to re-apply for benefit when this provision comes into effect?

The provision will come into effect at the beginning of April. The mind of the House is that the retrospective effect should apply straight away and I do not think there will be any difficulty in doing that. The amendment states:

In page 21, before line 1, to insert the following:

"31.—Section 115 (1) (as amended by section 21 of the Act of 1988) of the Principal Act is hereby amended by the substitution in subparagraph (i) of paragraph (f) of `3 months' for `6 months'.".

A number of questions have been raised in regard to the amendment. Deputy Bell referred to the conduct of investigations. At the outset I should like to say that allegations are received by the Department from time to time. Some do not have any substance to them and are not pursued while others are pursued. From memory I can say that a little more than one third of allegations highlight a problem, that there is defrauding or abuse. This is something that officials of the Department must pursue. Officials always adopt a careful approach. The process is slow. I am often criticised on the basis that the process does not move fast enough but I would not interfere with it. I allow the procedure to take its course. I accept that occasionally we may have an oversolicitous investigator and in such instances the chief inspector gets involved. He is a very experienced official and he adopts a reasonable and balanced approach to these matters.

Deputy Bell refered to the activities of the special investigation unit of the Department. I should like to make it clear that the Department do not under any circumstances make use of paid informers or spies in the course of their work. It is easy to castigate the good work done by this unit, and other social welfare officers but that, of course, is of little avail. They have a difficult job to do. For the record I should like to state that social welfare officers have considerable powers of entry and inquiry. If premises are being used as a place of employment the social welfare officer has the right of entry and inspection of employment records. As already indicated these powers are proving to be invaluable in the fight against fraud and abuse. I do not think the House would have it otherwise. The social welfare officer does not have deciding powers. That officer cannot cut off any person's social welfare entitlement. When information is received about a person it is investigated and a report of the outcome of that investigation is furnished to a deciding officer. The deciding officer will decide on entitlement on the basis of that report and using the normal procedures adopted by deciding officers.

Whether it is a report to a deciding officer or a submission for prosecution the social welfare officer within the course of the investigation, puts the allegation fully to the client, asks him or her whatever questions are relevant and invites him or her to make any statements or observations he or she may wish. Where an offence is suspected the suspect is made aware of the fact, of the nature of the offence and that he or she is not obliged to say anything unless he or she wishes to do so but that anything he or she may say will be taken down and may be tendered in evidence. The statement is read back to the client before being asked to sign it so that he or she know what they are signing. These procedures are in accordance with the Judges' Rules and are operated within advice received from time to time from the office of the Chief State Solicitor. Likewise, appeals officers and deciding officers are required to operate within the rules of natural justice. There are procedures for the handling of appeals and clients are fully informed at their hearing of the case against them.

On the provision of documents to an appellant before an appeal, if the claimant requests copies of any reports on evidence, including reports of the social welfare officer, those documents would be supplied to him. Reports in relation to appeals can range from straightforward means assessments carried out by social welfare officers to more sensitive reports relating to, for example, the question of desertion in social assistance, or deserted wife's benefit cases, and medical reports in relation to the question of capacity for work.

Unemployment benefit, and unemployment assistance cases, which would have had some involvement by an investigating officer and later give rise to appeals usually involve the questions of availability for work, genuinely seeking work and cases where fraudulent claiming has arisen. Claimants in those cases would also receive on request copies of any documentation in relation to their case. In any event, in accordance with the principles of natural justice, an appellant is fully informed at a hearing of the case against him and what he has to answer in order to succeed with his appeal.

In relation to the question of supplying all appellants with copies of reports, investigation papers and so on concerning an appeal, I should like to say that the introduction of such a procedure into the present appeals arrangement would involve heavy administrative costs. There are some 18,000 appeals dealt with each year and up to 40 per cent are dealt with by way of an oral hearing. In addition, an even higher number of persons appeal initially and then decide not to proceed with the appeal before it is sent to an appeals officer. However, the procedure suggested could be examined further in the context of the proposals under consideration for the setting up of a separate appeals office. I trust that the Deputy will recognise that there will be considerable costs and administrative expenses involved.

My amendment, as Deputy O'Keeffe pointed out, amounts to alleviation. At a later stage we can look at the wider implications and the relationship with other penalties. I am happy to accept the suggestion put forward by Deputy De Rossa. In the first instance there will be a conviction and then a penalty will be imposed by the court. It is probable, as suggested by Deputy O'Keeffe, that district justices are not familiar with that aspect of social welfare legislation when making decisions. That could be a difficulty. The penalty imposed is a matter for the court.

The Department of Social Welfare are reimbursed, perhaps over a very long period, but there is a mechanism whereby that is done depending on the income of the person concerned. In the light of all of those circumstances it is reasonable to reduce this mandatory penalty and to have it examined further, as has been suggested.

I hope Members will be able to support this amendment.

Amendment put and agreed to.

I understand that, for technical reasons, I must read the following amendment into the record. A separate section is affected by this. Section 28 (1) (a) will now read:

(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day—

In other words, it involves the deletion of the words "as relating" and the substitution therefor of the words "in relation". Perhaps the House could agree to it.

Acting Chairman

Is that agreed?

Agreed.

Bill reported with amendments. Question proposed: "That the Bill do now pass."

I thank Deputies for their contributions. I have endeavoured to meet the points raised by Deputies in the course of the year on Second Stage and Committee Stage debates. I thank Deputies for the way they have received this Bill and for their proposals.

This Bill represents a major step forward in the improvement of our social welfare code generally and provides substantial increases for those at present in receipt of the lowest levels of payment who have been identified by the studies undertaken by the ESRI. Once its provisions have been implemented and people are benefiting therefrom, I believe they will have a major impact in that they involve substantial increases for those at present in receipt of the lowest payments.

I must concede that there have been some improvements effected. I want to take this opportunity to urge the Minister to take on board the many points raised by myself and my colleagues in Opposition in the course of Second and Committee Stage debates. It is somewhat unfortunate, because of the restrictive rules of this House, that many of the amendments we had hoped to have debated here were technically not in order, not because they constituted a charge on revenue but because they might constitute a potential charge on revenue. That very severely limits the Opposition from the point of view of tabling amendments accepted as being in order.

I might make a few points to the Minister. Reform of the social welfare system must be on an ongoing basis since it is a system that was devised or built up in an ad hoc manner over many years. It is incumbent on all of us, the Minister of the day and whoever may be in Opposition, to make continuous constructive efforts towards reasonable reform. I might reiterate that my approach to reform centres on those aspects of social welfare which act as disincentives to employment. I am convinced that, with a thoroughly reforming approach, there are jobs to be had. That must be the priority of all of us in this day and age when there is an unemployment rate of 20 per cent upwards.

I would ask the Minister to seriously consider the points made in regard to a single means test and pay roll taxes. I believe they constitute a factor from the point of view of job creation. The proposals made from the point of view of modulation of the rate for employers' contributions and either exemption or a lower rate in respect of low-paid workers, would act as an incentive to employment. An approach involving either exemption or a lower rate in respect of those on long-term unemployment assistance for a defined period, similarly, would act as an encouragement.

The other aspect I had not time to argue on the Bill from the point of view of employment was the family income supplement in respect of which I hope there will be a thorough reform because, in many ways, it constitutes support for the low-paid worker with a family. It was introduced by the last Government but, as has been pointed out, its uptake was never as high as had been anticipated, obviously the system is in need of major reform. Again, since it constitutes an instrument which aids job creation, all of us have a duty to ensure that that system is improved considerably so that it can have the beneficial effect on job creation we would all desire.

Another aspect of the system in relation to jobs concerns the supplementary welfare and the specific exclusion of low-paid workers by statute from rent supplements. We must endeavour to build a bridge between those on the dole and those employed. At present supplementary welfare acts as a major disincentive to those offered relatively low-paid employment which in many cases they cannot take up because they would lose their rent supplement. We need to devise a graduated system of entitlement so that the poverty trap is eliminated, and the distortions obtaining removed, enabling somebody to move from unemployment into employment without losing out. That is what is happening at present and will continue unless this type of reform is undertaken.

I might refer to another amendment I had tabled which we did not reach concerning people's right to privacy. I had tabled an amendment to provide an obligation that people be afforded a minimum degree of privacy in so far as circumstances permit when discussing their personal business in public offices. I have heard some appalling stories of people who have been subjected to considerable humiliation from that point of view. God knows, it is bad enough to be poor but, to have humiliation heaped on one's head as a consequence, adds insult to injury.

I can assure the Minister he will have the full support of all Members of this House in any real effort he makes to ensure that such humiliation is eliminated. That could be done in two ways: first, from the point of view of providing the necessary facilities, and here I accept that there is a cost involved but, in so far as resources permit, every effort must be made to improve those facilities to the extent that at least people are afforded a minimum degree of privacy. The second way is to change attitudes, and this costs nothing. While I join with those who have lavished praise on the staff in the Department and in the social welfare offices — and those expressions of praise are well justified because there have been very major improvements in recent years — I suggest that the Minister has a duty to ensure that staff dealing with the general public are obliged to ensure that applicants are treated with full respect and dignity at all times.

In my concluding remarks on the debate, let me say that I welcome the approach the Minister adopts to the question of social welfare. The Minister was prepared to take on board reasonable amendments to the Bill. That is a very welcome approach to the many problems in this area. It is an acknowledgement that many Deputies in the House through their day to day work with their constituents come across anomalies in the system, which to a large extent are technical but nevertheless have serious effects on the lives of individuals who depend on social welfare.

Having said this, it must be acknowledged that our social welfare system does not adequately protect considerable numbers of people from the worst effects of poverty. I said before that I do not regard social welfare as the solution to poverty, it is in fact a system which barely keeps people from hunger and from being without clothes. Nevertheless it is an important fall back and we should try to ensure that it protects people in so far as that is possible. My view is that at the end of the day we will have to consider seriously the question of a basic income and of harmonising our social welfare and tax system in a way that ensures that nobody in the State falls below a basic level of income. That is not to say that we should wait until this is achieved as there are various things that can be done in the meantime.

I know that a number of points were not touched on, for instance, the questions of the people who are affected by the mixed insurance anomalies. I know the Minister dealt with a large number of anomalies last year but there are still about 1,000 elderly people who are caught by the averaging rule that applies to their social welfare contributions. These people went in and out of the social insurance scheme for a variety of reasons, either because, in the case of women, they were working at home and thus not making contributions prior to 1974 or as young people, increasingly being employed on a part-time basis and therefore not having the same record of contributions. This will affect them in the future. It is an anomaly which the Minister should address. If he is introducing the Social Welfare Bill next year perhaps he will deal with this. The other way in which the averaging rule affects people quite badly is that those on unemployment benefit who would not have had a fixed number of contributions averaging over the previous seven years get reduced benefit. In many cases this reduced benefit is below the rate of unemployment assistance which they would get if they had applied for it. However, so far as I understand, the law precludes them from going on to unemployment assistance, although I know there is a section in the Bill this year which allows some discretion in that regard. This anomaly needs to be dealt with.

Another serious anomaly which needs to be tackled urgently is the means test for the young unemployed person living at home. Because one or other of the parents is working, the young person is means tested and is found to be not entitled to unemployment assistance. It is not a fair system, even though in some cases, although not in all, their parents' income might be quite respectable and they would have a comfortable standard of living. However, I feel that young people require some money in their pockets and I am aware of a number who have emigrated simply because they could not qualify for unemployment assistance or get a job.

Acting Chairman

We are confined to what is in the Bill and I ask the Deputy to confine his remarks to that alone.

I appreciate your ruling and I am about to conclude because I do not want to delay the House any longer than is necessary. I know the debate was scheduled to go on until 7 p.m. but I know Deputies are probably hoping that it will conclude by 5 p.m. I have no intention of holding the House beyond that.

I welcome the fact that the Minister has accepted the amendments and in recognition of that, while I oppose the Bill, I will not call a vote on it.

I, too, welcome the amendments brought forward by the Minister this afternoon. It is good that we can have some effect on the legislation other than just merely talking our way through the various procedures. I would have liked to think that we could have put down more amendments but I appreciate that many of the changes suggested would have revenue implications and therefore it is not as simple as it might have appeared initially. The important thing with regard to social welfare matters is that we try to simplify the system, and as I said on Second Stage, the Minister has gone a long way towards that. I urge him to go further. This Bill seeks to go somewhat further by rationalising the number of child dependant allowances from 36 to 12. As I have said before, there is room to go much further. I firmly maintain there is no justification for more than two rates, one for younger children and one for older children whether it be from the age of ten or 12 years upwards. There should be a differential between the obvious difference in the cost of rearing a child in the two age groups.

We need to rationalise the number of unemployment allowances of one kind or another. At present, somebody may be entitled to more money on long-term assistance than on unemployment benefit so the whole question of social insurance and the remuneration one gets having paid social insurance has been further eroded. I am not necessarily sorry this has happened because, as I said this morning, I firmly believe that social insurance is just another form of tax. It is the worst form of tax in that it is a tax on employment. We had a long discussion on this point before lunch but we did not get a chance of putting any of the proposals to a vote. Whether you argue that social insurance is necessary or not, the present social insurance scheme needs to be radically reformed so that it is more of an incentive to employment or at least removes the disincentive to employment. Deputy De Rossa made the point that capital and labour should be put on a par. I would not agree with that because at a time of high unemployment which leads to so much poverty and dependence on the State it is important that we go overboard in trying to encourage employment. I would like to think that in future proposals we would do that.

The notification of commencement of earnings procedure which is referred to in this Bill needs to be extended to all sectors. I have no doubt that that procedure will have huge benefits. The Minister, in giving figures last week referred to 500 names submitted by employers who had taken on people. This will be the most effective way of combating fraud. We should not introduce this procedure, without other procedures being in place, such as an identity card. I am talking about an identity card not simply for welfare recipients but a national identity card from which there would be huge advantages in terms of not having to use passports going to other European countries, and in terms of tax fraud, welfare fraud, under-age drinking, crime and so on. Instead of having the fear that big brother is always looking over our shoulder, we should be more mature about these things and recognise that we are amongst the few European countries that do not have this form of identity.

There would be enormously beneficial effects from having such an identity card. If we could extend the notification or earnings procedure and have ways of verifying who exactly people are, when inspectors call on places of employment, then the kind of procedure I would like to see in place for the unemployed could very easily be put in place. I do not like the present signing on procedure which is very degrading. It does not act as a deterrent to people who are working and claiming benefit. Obviously some people are working and claiming benefits, and it is easy to go and sign on once a week. However, for the vast majority of people who are unemployed, signing on is very degrading, particularly since the facilities, as Deputy O'Keeffe said, are so bad at so many of our exchanges. People have to queue in the street and many cover their faces with newspapers. When one approaches an employment exchange, everyone knows that one is unemployed. We do not give the unemployed the kind of dignity they deserve. If we had an extension of the new notification of commencement of earnings procedure and made employers liable, and followed up this procedure, we could be much more flexible when it comes to signing on. It would also release a lot of social welfare officers or other employees of the Department of Social Welfare who could be deployed in implementing the welfare system in more useful ways, either giving information or being involved at local level in ensuring that people have access to one stop shops and so on within easy reach of where they reside.

I welcome the decision to abolish the distinction between the urban and rural rates. This was long overdue. The 1934 distinction came about presumably because rural people tended to have their own fuel, to live on farms and to have their own vegetables and so on. This distinction was very unrealistic when one saw that in estates in Tallaght, in Shankill and so on, one group of people were considered rural because they lived in houses provided by the council and others were considered urban because they lived in corporation houses. That was a farcical situation and I am delighted it has been remedied.

I also welcome the inclusion of deserted husbands and widowers in the social welfare schemes although keeping a distinction between the treatment of men and women in the social welfare code is wrong. Deputy Mattie Brennan referred to bachelors being entitled to claim the prescribed relative allowance and having a separate allowance under the social welfare code. The entitlements and needs of people are similar, and therefore the social welfare code should deal with them on the same basis, regardless of sex.

Deputy De Rossa made a point about unmarried fathers, and I agree with him, although in this country one does not very often meet what are described as unmarried fathers.

The appeals procedure in relation to social welfare decisions was referred to as was the fact that social welfare recipients tend to be considered guilty before they have been tried. I agree with the sentiments expressed by Deputy Bell in this area. I have mixed views on whether we should discontinue the payment from the time a person is suspected of being involved in a fraud, but people should be entitled to access to information, which is more important. I wonder about the implications of the data protection Bill for the Department of Social Welfare and whether claimants would be entitled to access to the information kept on file in relation to their cases. To have any kind of fair welfare system one must have a fair, objective and independent appeal system. We still do not have that. The Commission on Social Welfare recommended the introduction of an independent appeals procedure for social welfare cases, and I agree with them.

Deputy O'Keeffe and others referred at length to the facilities and I agree with them. It is important to respect people's privacy. We should treat people in as humane and as caring a way as possible. In lots of instances that would require the expenditure of money on improving facilities at employment exchanges and social welfare offices generally. I urge the Government to do that. In so far as Dublin city is concerned, some of the better advertised facilities tend to be available in very run down places. What these facilities are like inside would leave a lot to be desired if they are anything like they are on the outside. We need to put more effort into that whole area.

I sought to move an amendment in relation to how we deliver payments to persons. In relation to privacy, I know it is not possible for everybody to have a bank or post office account and that generally speaking social welfare recipients tend not to have accounts of this kind. The Craig Gardner Survey on Consultancy in relation to fraud in the welfare system recommended that we move towards the electronic transfer of funds. I would urge the Minister to move in that direction. It would help to protect the privacy of claimants, it would encourage people who otherwise do not use facilities like post office accounts to perhaps think in terms of them and it might help them to manage their affairs a bit better, it would have savings implications and from the point of view of fraud in the social welfare code there would be a deterrent.

From time to time major fraud has occurred in transferring money through the post and when money is being transferred en masse to employment exchanges and so on.

Pro rata pensions are mentioned in this Bill. The Minister sought in the miscellaneous sections at the end of the Bill to clarify the regulations that were made last year in relation to this matter. While the Minister clarified the situation somewhat, his clarification did not meet the difficulties that some people have, particularly in what are called a mixed insurance categories. I would like to think that this pro rata pension would be what it says — a pro rata pension, and that if people made contributions they would get some kind of benefit at old age on the basis of the contributions made.

It is a pity we have only two opportunities in the year to discuss welfare matters. I take the Minister's point about the need for us to consolidate the Social Welfare Acts again. I sat on the last committee in 1981 that consolidated the Acts up to then. It would be no harm to do that again within the next 12 months. As the Minister said, prior to doing that we would need to further simplify the system to ensure that the anomalies that exist are corrected and to ensure that the kind of distortions that exist as between social insurance contributions and the different rates for people who are on similar earnings do not continue. That means rationalisation of payments, simplification of the system and opening the system up to those categories of persons such as the prescribed relative, young people and so on who are currently excluded and very unfairly excluded in many cases.

As Chairman of the last committee you will get a consolidation under way.

I will be brief. We have had a fairly productive three or four days on this Bill. It is a pity that every Minister does not operate under the same principle as the Minister for Social Welfare, that if members of the Opposition make reasonable points and bring forward reasonable proposals at least such proposals are given sympathetic consideration and are adopted where possible. I welcome this breath of fresh air in terms of social welfare, which is so complicated. It requires the all-round experience and expertise of the Members of the House who have to deal with this subject on a daily basis. We can very quickly and without going into any textbooks highlight the problems that people face. After all, it is the recipients of social welfare we are talking about.

Perhaps the fact that we have a minority Government lends itself to this attitude. It may be a recipe for the future — if we have a minority government all the time the Opposition will be listened to. I do not say that with any disrespect to the Minister, because I accept that he has been genuine in trying to meet the points we have made. I do not want it to be recorded that everything is honky-dory as far as social welfare is concerned. We have a long way to go to reach the broad principles and recommendations in the report of the Commission on Social Welfare. It will take some time obviously to iron out the many problems that remain.

We will not be voting against the Bill on this occasion but we will certainly push forward, at every available opportunity, proposals to improve the lot of the biggest sector of the community faced with poverty because they do not have enough money to live on.

I was disappointed that we were not able to reach a number of sections because I think we could have succeeded in getting some further changes made in the Bill. For example, a simple amendment to pro-rata pensions in section 25 would have ironed out the further complications that have arisen as a result of the changes made in the 1988 Act. Prorata pensions should be paid pro-rata, in other words whatever shortfall there may be in their pension entitlement should be paid pro-rata to the average amount of pension contributions they have paid. For example, in local authorities, there are outdoor staff who were promoted to supervisory positions and as a result they lost their social welfare entitlement. Those men have worked 40 years in a local authority and at some stage, were promoted to staff, were treated as staff and were not paying the full A1 contributions. They are getting local authority pensions and are actually drawing less than those in receipt of the old age pension. That seems crazy. It was the CIE pensioners who highlighted that problem.

I would ask the Minister to have another look at that. I do not think it would cost very much. The figures for this category were 1,000 people and if you take into consideration the numbers brought in under the amendments to the 1988 Act, the number of people nationally under that heading is very small. Sometimes we forget about minority groups simply because they are minority groups. I do not think the cost would be enormous. Those men are elderly and one must accept the fact that as they die, the number of people under these headings will diminish. I would ask the Minister to have a look at it.

I am pleased that the Minister has clarified publicly the fact that information should be made available to those people who are confronted with appeals. I would ask the Minister to have that information passed on to the various local employment offices. Many of their offices in small towns are busy but they are not overstaffed and may have difficulty providing the necessary information. I am talking particularly about the special investigation unit which gathers information.

Recently I had the experience of representing a very important case of social welfare concerning a number of people, and I was unable to get — and I am a Member of the Oireachtas — the information I required. I had to sit at the appeal hearing and have a four or five page document read out and try to defend the people concerned without having the written documentation in front of me. I would be glad if the Minister would look at this.

I would also ask the Minister to look at another area which would eliminate a great deal of unnecessary work in the Department of Social Welfare, that is the lump sum payment on disablement benefit. If the degree of disablement is 19 per cent, a lump sum is accepted by the claimant whereas, if the degree of disablement is in excess of 19 per cent payment is made on a weekly basis. I believe it should be optional. I am aware the system is geared to protect the woman and children because if a person draws a large lump sum he may spend it foolishly. At least when it is paid weekly, it is more likely to benefit the family. I take that point but 19 per cent is too low. Perhaps that can be increased by regulation because it means people are being paid out small weekly pensions under disablement benefit for perhaps 20, 30 or 40 years. Obviously it is increasing the work load of the Department and in my view is unnecessary. While we accept that not everything we would like to have in the Bill is there, nevertheless, we will not be voting against it.

I would like to thank the Deputies for their comments. This is an historic Bill in several respects. First, we are doing away with the urban-rural divide which has existed since 1934. This is an historic development which will be widely welcomed throughout the country and has received a warm welcome in this House. I thank Deputies for the welcome they have given to that measure. It is also historic in that we have introduced a widower's and deserted husbands' scheme. For the first time we will have, as an assistance scheme, a scheme for widowers and deserted husbands on a par with widows and deserted wives. Indeed, we have introduced three new schemes — the widowers' scheme, the deserted husbands' scheme and the pre-retirement allowance scheme.

We also have changed the prescribed relative's allowance scheme, a scheme which has been operating since 1968. I know Deputies see that as a change in the direction of providing greater support for elderly people who are incapacitated and who rely on us to look after their interests. This, too, is a major change and a major step forward.

Something that perhaps was not mentioned as much as it might have been but is of great importance — and of particular importance to me — is the increase in flexibility for unemployment payments which is provided for in the Bill. This will enable me to deal with problems which are brought to my attention by Deputies — some of the Deputies here have brought particular problems to my attention — in relation to courses which might be available for people on unemployment assistance. We have had that flexibility on the unemployment benefit side under the insurance scheme but not for unemployment assistance. We are now providing for this increased flexibility in the Bill. It gives an opportunity to make regulations which deal with the problems we are faced with in practice in current circumstances. Deputy Harney referred to this when talking about signing on at particular intervals, irrespective of what happens. Certainly, if there are schemes or involvements, such as educational schemes, which the unemployed can avail of and which will help them to progress — and particularly if they will help them get back to work — then, under this arrangement, we will have a flexibility for dealing with that which we did not have previously. That is another improvement in this Bill. We have made major improvements in payments — and those I have emphasised — and they have been widely welcomed.

This Bill represents a second major step in implementing the various recommendations of the Report of the Commission on Social Welfare. On Committee Stage, Deputy Harney raised the question of the self-employed and wondered how it was progressing. The involvement of the self-employed in the PRSI system, which we introduced last year, is going very well. The income estimated for last year was £15 million but the outturn was £22 million. The money received was greater than the best estimates which were available beforehand. It was anticipated in the original figures that we would receive £15 million in 1988, £35 million this year and £50 million next year. This was the phasing-in procedure and at the end of that period we reviewed the situation. At this stage we know that we have received £22 million in 1988 and the estimate for 1989 is £39 million. In my humble opinion — I say this because these estimates are prepared by people in the Department of Social Welfare and the Department of Finance who have a lot of experience and they look at all the factors involved — I think that in practice it will be more than the £39 million estimated for 1989 but we will have to wait and see what happens. All these issues are debated and discussed beforehand and a figure is settled on. The figure settled on now is £39 million as against an earlier anticipated figure of £35 million. We will have to wait and see what it will be next year but it is clear that in any event it will be higher than was estimated at the outset. That scheme is going very well and there has been wide acceptance of it generally. The scheme is not yet fully implemented, and we will continue with its implementation. The smaller contributors are being brought in gradually.

There is another issue which I should like to refer to briefly. The question of privacy was mentioned by a number of Deputies, particularly Deputy O'Keeffe. Our approach when we are carrying out any improvements or upgrading in an exchange is to provide greater facilities for privacy. Where we are building new exchanges — there are some very fine examples of these in Galway and in the Nutgrove Shopping Centre in Dublin — there is provision specifically for initial interviews — discussions and a separate private interview room. If one wants to have a short chat there is a separate cubicle designed for that purpose and there will also be separate rooms.

Work on the new Cork labour exchange and social services centre has just begun and I should like to assure the Deputy that this exchange will have all the up-to-date facilities for privacy which we are now providing. The new Cork exchange will be a major exchange, will cater for both men and women, will be based on the one-stop-shop concept and will have as many facilities and services in the one place as we can provide. All these facilities will be provided in the one exchange and provision is made for separate interview rooms and other rooms for privacy. That is the direction we are going in at present and I can assure the Deputy that this is what is happening in the Cork exchange and other exchanges.

I do not want to delay the House much longer but I should like to refer to Deputy Harney's point about modernising the Department. If the Deputy met some of the people in the Department they might tell her that it is being modernised at such a pace that it can be difficult to keep up with. That is what is happening at present in the Department: we are changing many things and we have to look at the practicality of how we get these off the ground and up and running. In that respect I should like to say that the staff have been tremendous in meeting the requirements of these changes.

The Deputy brought to my mind a card I have in my pocket which is called a Smart Card. This card contains a white micro-processor with a secured memory in the top corner in which one can store various information, security information and so on. These cards can be operated in the same way as pass machine cards and there are means for verifying signatures, etc. This is the experimental side of what we are doing at present. There is no doubt that modern technology is bringing us very rapidly in this direction. The only problem is that we have to have everything else in place to fit in with these developments and that is what we are trying to do in all our arrangements. I happened to have that card in my pocket by accident but I should like to assure the Deputy that we are anxious to use technology. She urged us to move in this direction as quickly as possible. I should like to assure her that we are doing that.

Numerous other questions were raised. Deputy Bell in particular referred to public sector pensions. As I mentioned, we will be looking at this issue separately. The Deputy is quite right in saying that there should be basic underlying social security for everybody which one would be able to bring with them when they change their jobs. How that will be done is a matter for negotiation and discussion. The question of introducing this arrangement for the public service will be discussed with the public service unions. The pensions board will have a report on this for us later this year. This is all being done fairly rapidly and we will be able to look forward to future developments in this area.

I should like to thank the Deputies for their support for this Bill, for the way in which they became involved in the discussions and accepted the amendments. I am very happy that this Bill is now being passed.

Question put and declared carried.
The Dáil adjourned at 5.15 p.m. until 2.30 p.m. on Wednesday, 12 April 1989.
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