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Dáil Éireann debate -
Tuesday, 7 Nov 2000

Vol. 525 No. 2

Adjournment Debate. - School Crossing Attendants.

There could not have been a better time for this matter to be taken on the Adjournment. While the country is being battered by storms and floods, a small army of people turn up in hail, rain and snow at schools throughout the country to ensure that children can safely cross the road at the beginning of their journey home. The job is done mainly by women who are described as "lollipop ladies" but whose official title is school traffic warden. It is not a glamorous job and only pays about £70 per week. However, it is a vitally important task. Up to this year when schools closed for the summer holidays, the school traffic wardens signed on at the local employment exchange and received payment. I presume that in the Minister's reply I will be told that people who sign on at such exchanges must be actively seeking employment, and I am aware that is one of the criteria laid down. However, in practice, what happened up to this year was that, very sensibly and practically, the people processing the claims in the local labour exchanges realised the value of the work these people were doing and simply paid them the benefit for the duration of the summer holidays. That system operated until this year when a number of the women working as "lollipop ladies" were told that they had to actively seek full-time employment. Prior to the change in their entitlement to benefit, there was already a crisis in local authorities concerning people who were available and willing to take up work as school traffic wardens. As a result of what I have been told about the changes in the way in which these people are dealt with, that crisis will become more evident as time goes on.

The Minister for Education and Science or the Minister for Social, Community and Family Affairs or both will have to address this issue. If we continue to deal with it the way it was dealt with this summer, it will force women, who in the main do this job, to seek employment in McDonalds or Intel or wherever they can get employment. They will be reluctant as a result to return to the job they were doing because it is not easy. They turn out in the worst possible weathers and do a very important and responsible job. If they do not turn out, it will mean local authorities, the Minister for Education and Science and schools throughout the country will be faced with a crisis with regard to how children will get across the road safely.

Either the Minister for Social, Community and Family Affairs recognises the precedent throughout previous summers and allows these people to sign on and receive their benefit or the Minister for Education and Science accepts that that is not appropriate and that they cannot be available for and actively seeking work during the summer and must return to work in September. If that is the case, there is a responsibility on the Minister for Education and Science to pay these people during the summer months they do not work as school wardens. They do not do so not because they do not want to but because the job is not there for them during the summer. They sign on, collect meagre benefit during the summer and go back to the job they enjoy.

It is an important job and not just from the point of view of the safety of children getting across the road. I know from my experience and from my involvement and friendship with women who are school wardens that children often speak to the school warden, the "lollipop lady", about problems and concerns they have which they might not approach other people with.

What happened this summer, where a large number of school wardens – lollipop ladies – were told they would not be paid during the summer, to go and get full-time employment or to hang around without being paid and return and do a very valuable job, is not acceptable. It should and must be addressed before the Christmas holidays and before it becomes a crisis for schools.

I thank Deputy McGennis for raising this. I appreciate the work of, as she calls them, the "lollipop" men and women and the safety they guarantee for many children. However, as this is a matter relevant to the Minister for Social, Community and Family Affairs, I will respond on his behalf regarding the entitlement to unemployment payments of all unemployed people, including school wardens.

Social welfare legislation provides, inter alia, that a person must satisfy the conditions of being available for and genuinely seeking work to be entitled to unemployment benefit or assistance. Any person who fails to satisfy these conditions on an ongoing basis is not entitled to an unemployment payment. In applying the legislation, deciding officers do not treat school wardens, otherwise known as “lollipop” men and women, any differently from other unemployment benefit or assistance claimants.

Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and the Minister has no role in such decisions. Statutory Instrument No. 137 of 1998 specifies the circumstances in which a person is or is not deemed to be available for and genuinely seeking employment. Comprehensive guidelines on the application of the availability for and genuinely seeking work conditions for entitlement to unemployment payments are available to deciding officers and to the public on request. The application of these guidelines ensures that the conditions for receipt of unemployment payments are applied in a uniform and consistent manner.

In applying the legislation, deciding officers have regard to the availability of job vacancies in the locality and the extent to which a claimant has sought to take advantage of the wide range of labour market opportunities which exist in the current economic climate. Unemployment benefit and assistance claimants are expected to demonstrate that they have taken reasonable steps to secure suitable full-time employment and to provide examples of such steps. The steps which people are expected to take to seek employment will vary from person to person and from one period to the next. In determining what are reasonable steps, the deciding officer is advised to consider the nature and conditions of the employment sought and to have regard to the individual circumstances of the persons concerned. Any person available for full-time work and genuinely seeking work is entitled to an unemployment payment. Each case is decided on its own merits within the framework of the relevant social welfare legislation and there is no policy of dealing with school wardens or any other category of school worker in a punitive or discriminatory manner.

Where a person is dissatisfied with a decision made by a deciding officer, he or she may appeal this decision to the independent social welfare appeals office.

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