I propose to take Questions Nos. 8 and 11 together.
Arising from the delay, from December 1984 to November 1986 in implementing EEC Directive 79/7, a number of court proceedings were initiated seeking retrospective payments in respect of the period of delay. Some of these proceedings were initiated as far back as 1985. In the absence of implementing measures, settlements were made in such cases.
The Government has provided for equality of treatment in respect of the period of delay in implementing the directive. The necessary provisions are contained in the European Communities (Social Welfare) Regulations, 1992 which came into force in June 1992. These regulations entitle married women affected by the delay in implementing the directive to the higher personal rate of disability benefit, unemployment benefit, invalidity pension and occupational injuries benefit and to the extended duration of unemployment benefit. The regulations also entitle married women to dependency increases in the form of a household supplement and to unemployment assistance. The legislation provided for the payment of arrears on a phased basis in 1992, 1993 and 1994.
Claimants with potential entitlement to arrears were identified from my Department's records and were issued with claim forms in mid-1992. A total of 86,300 claims were received and of those 70,500 were entitled to payment. All arrears due were paid in 1992 and 1993. The final phase of arrears was not due to be paid until 1994. However, as the Deputies are aware I made special arrangements for the arrears due under this phase, amounting to more than £8 million to be paid before Christmas 1993. A small number of claims are still being received and these continue to be processed.
Since the introduction of the retrospective legislation, legal proceedings have been initiated in about 60 cases involving some 5,000 individual plaintiffs. As already made known, these proceedings are being defended by my Department. Ultimately the matter will have to be determined by the courts and in the circumstances it would be inappropriate for me to make any statement in the matter at this time.