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Dáil Éireann debate -
Wednesday, 4 Oct 1995

Vol. 456 No. 4

Written Answers. - Equality Payment Arrears.

John Browne

Question:

17 Mr. Browne (Wexford) asked the Minister for Social Welfare the action, if any, he will take in relation to future payments from his Department which would ensure that a situation such as that of solicitors charging excessive fees in relation to equality payment arrears will not occur again; and if he will make a statement on the matter. [13934/95]

In keeping with the commitment in the programme, A Government of Renewal, the Government has introduced measures to pay married women affected by the delay in implementing EC Directive 79/7, their legally determined entitlements to social welfare equality payments. These measures give full effect to the judgement of the High Court of 3 February 1995, at an estimated cost of £260 million. The arrears payments consist of increases for adult and child dependants and unemployment assistance during the period December 1984 to November 1986. Transitional payments as provided for in the court judgment are also payable in certain cases. In addition, compensation is being paid based on the increase in the consumer price index from the date the entitlements fell due up to the date on which payments are made.

Almost 70,000 married women have by now received payment of equal treatment arrears amounting to £145 million and they will receive a further £55 million by the end of the year. The remaining payments, estimated at £60 million, will be paid from January 1996 onwards over as short a period as possible.

The position in relation to solicitors' fees is that settlements have been agreed with the legal representatives of those married women who instituted legal proceedings. My Department will meet the plaintiffs' legal fees as adjudicated by the Taxing Master under the normal procedure whereby a solicitor's bill is examined by the Taxing Master who may either allow or reduce the amount involved. The question as to whether the married women concerned may be charged additional fees, over and above those to be met by the State, will be determined by the nature of whatever agreement they may have entered into with their solicitors. It is open to those whose solicitors are claiming costs from them over and above those paid by the State to seek to have them examined by the Taxing Master also.

The arrangements which I have introduced, in giving full effect to the decision of the High Court, provide a final conclusion to the long-running campaign to obtain the equality payments for married women affected by the delay in implementing the 1979 Equal Treatment Directive.
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