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Seanad Éireann debate -
Thursday, 10 Apr 1930

Vol. 13 No. 18

Public Business. - Insurance Benefits—Position of Irish Workers in Great Britain and Northern Ireland.

I move the following motion:—

That it is expedient that a Joint Committee of the Seanad and the Dáil be set up to investigate the hardships inflicted on Irish workers consequent on the fact that they do not receive insurance benefits in the Saorstát in respect of contributions paid by them and on their behalf while employed in Great Britain and Northern Ireland, and to report on the most suitable means to remove or alleviate these hardships:

That seven Senators represent the Seanad on the said Joint Committee.

I do not intend to rehearse all that I said on the last day on this subject. I appeal to the Seanad to be unanimous in asking that a Joint Committee be set up to investigate the hardships under which Irish migratory labourers suffer. In connection with agricultural labourers there is one point I would like to refer to. I understand that they do not stamp unemployment insurance cards outside of this country, but that they do stamp national health cards. I believe they received benefits under the health insurance scheme up to the year 1928, but that at the moment the position is that only in isolated cases is benefit paid. I did not intend to labour the case I made on the last day on this. I hope the House will come to the unanimous conclusion that the question is one that merits investigation.

I second.

I think it is necessary to deal with the subject a little more fully than the Senator has done in moving his motion.

The motion that is now before the House varies from the one that was discussed last week inasmuch as it deals with Irish workers who go across the water and do not receive insurance benefit when they return. Therefore this motion is much wider than the one we discussed last week which used the phrase "Irish migratory labourers" and dealt only with unemployment insurance. It was said, in respect of the motion last week, that all the information was available, and that there was no need for a committee of inquiry. It may be true that remark would apply to the motion that is now before us so far as the Ministries are concerned. I think it is true to say that Deputies and Senators are almost unanimously ignorant of what the position is in respect of two or three classes of insurance which affect Irish workers going to England, Scotland or to Northern Ireland. There is a good deal of complexity about the problem. Therefore, I think it would be quite useful, and probably a valuable procedure, if the Dáil were to agree with the Seanad to have a committee to investigate—I will not prejudice the case by saying the hardships— but the problem, and to see if the committee could find a means of removing such hardships as may be found to exist.

Migratory labourers who go across the water from Mayo and Donegal were mainly under consideration last week—that is in respect of their unemployment insurance. As has been pointed out, when they are working at agriculture across the water there is no deduction from their wages at all for unemployment insurance. But I think we are mostly aware of the fact that a good number of these labourers do not remain in agricultural employment. They more or less change from agricultural to industrial or semi-industrial employment. We have seen that a number of them go into beet sugar factories across the water, following upon their employment in beet sugar cultivation. In so far as they are engaged in industrial operations, their unemployment insurance contribution is deducted, but as has been pointed out, when they return to this country there is no benefit to come to them. In respect of health insurance, whether they are employed in agriculture or in industry health insurance deductions are made from them, but as Irish migratory labourers they do not receive any benefit when they return, and that I think is partly their own fault.

I am not quite sure what the legal position at the moment is, but up to very recently it was within the competence of any Irish migratory labourer to get a card of exemption which would exempt him from having any deduction made from his wages by his employer while engaged at agricultural work, but the employer had to make a contribution. The accumulated funds resulting from these contributions were, by agreement between the Insurance Commissioners made applicable to the insured persons in the counties concerned, mainly, as I say, the counties of Mayo and Donegal. It happens, for some reason that I have no explanation of, that following the first two or three years of the passing of the Health Insurance Acts there was a steady decline in the number of persons who applied for these exemption certificates, until in recent years there have been only five or six applications from the thousands who go across the water and who apply for such certificates. Consequently, it has been obligatory on their employers to make a deduction for health insurance for which the men receive no benefit. If they had been exempt, and if the migratory labourers' fund which was established under the Health Insurance Acts had continued to be in credit, such moneys would have been spent in the localities concerned, first on nursing activities, and second on sanatorium benefit. That was the arrangement made during the early years of the Health Insurance Acts, but it has fallen away simply because agricultural migratory labourers did not apply for these exemption cards. Therefore, they forfeited by their own act any benefit that would have accrued to them.

I would point out that the term "Irish migratory labourer" is defined in the Health Insurance Acts. It means persons who have no insurable occupation in this country and who go across the water for a period to work at agricultural operations. In so far as these men work at other occupations than agriculture, of course, they come within the same category as all other workmen going from the Free State to Great Britain or Northern Ireland. They are then just in the same position as a joiner, a carpenter, a dock labourer or any other workman and they come under the British law in respect to insurance.

I think there is need for some compact understanding or agreement between the various authorities. I think it is unwise and unjust to base our claims upon allegations of hostility and on suggestions of ill-will and enmity. I do not think that is the way to approach the matter, because if one liked one could say that it is a privilege the migratory labourer is seeking when he goes across the water in search of employment. That might be said. Consequently it might also be said that when seeking a privilege he could not look upon it as a hardship if a toll is charged for that right or opportunity. For those of us who think that there is some value in having an association of States, friendly though separate, I certainly think there is a good case to be made from the standpoint of equity and justice that those who pay contributions to insurance funds either on the health side or on the unemployment side should derive some benefit out of these insurance funds. If we take these funds and treat them as insurance funds it is clear that, in respect of those workers who go over for a period and return, they may receive benefit while they are there, but if there is no liability during the period after they have returned home, the fund itself is in profit, not only in respect of the amount that is contributed by the workman himself but in respect of the amount contributed by the employer in respect of the workman.

I certainly think no undue request is being made when we ask that some recompense should be made to the Irish insurance funds owing to the fact that in respect of Irish workers working across the water moneys are being paid into British insurance funds. I think that these funds at least ought to recoup the Irish funds to the amount that is to credit in respect of these workmen so that the Irish funds can pay out such sums as may be due in respect of the contributions that have been paid. That strikes me as being a reasonable claim that ought to be put forward both by the Department of Industry and Commerce, in respect to unemployment insurance, and by the Department of Local Government and Public Health which is responsible for all health insurance. That would seem to me to be a very desirable thing. There is a complication first in respect to migratory labourers, in the narrow sense of going to England or Scotland and working at agriculture, and of the same persons working occasionally at industrial occupations, and also in respect to seamen who are frequently at a loss by the fact that, though domiciled in Ireland, they work on a British ship. The problem of town workmen who go over to England occasionally and work at their own occupation, get unemployed and in coming home find they are not entitled to unemployment benefit, as well as the problem of workers of various kinds going into and coming out of the Six Counties have other complications which probably require somewhat different treatment. They certainly require separate examination.

All these problems seem to me to be worthy of examination. There has been a more recent complication of particular interest to us due to the passing in Great Britain and Northern Ireland of the Contributory Insurance Act which leads to earlier pensions as well as to widows' and orphans' pensions. All these problems are complicated. Though all the information and the facts may be available to Ministries they are certainly not available to Deputies and Senators. I support the motion mainly on the general principle that it is a valuable procedure that members of the Oireachtas should become intimate with some of these problems, so that their knowledge of affairs would enable them to bring light to bear upon a possible solution of them, and that in that way they would be able to assist governmental authority without relieving them of responsibility.

The condition of things in Great Britain makes it opportune for the Oireachtas to inquire into this matter. I think there is a receptiveness on such subjects at present that might be taken advantage of by reason of the fact that there is a Labour Government in power, and they are largely dependent on the support of Irish workers in Great Britain. I think that fact ought to be kept in mind in our consideration of the desirability of taking time by the forelock and looking at this matter in the widest sense embodied in the motion. I therefore hope the Minister will look favourably on the proposition, and, if the Seanad approves of it, that he will use his influence with the Dáil to have the committee suggested set up. I do not think that the committee can devise the means of alleviating this hardship and removing the difficulties as a committee. I think it would inevitably require the assistance of at least two departments of State, and I think it is much more likely to be done if it is done with the good will of the parties of the two Houses. Some means may be found for bridging what difficulties there are, and seeking the assistance that is necessary to provide some benefits which are due to persons in respect of their contributions. A case was made last week that it is not reasonable or proper to ask this State, out of its State funds, to make up any insurance benefits which might be payable to a person who becomes sick in this country, or unemployed, in respect of contributions made for insurance in another country. I think that is reasonable, but I think it is possible to so present that case in respect of the two classes of insurance that there could be no refusal to transfer from the English funds such sums as had been contributed by Irish workers. I hope the Minister will agree to the appointment of this committee.

I was glad to hear Senator Johnson say that there is likely to be little difficulty in the settling of this problem.

I did not say that.

I thought from what Senator Johnson said that there was considerable hope that anomalies would be rectified, seeing that there is a Labour Government in power in England. I mentioned last week that the contribution paid by the Irish labourer who goes across to England was 1/1d. per week, and that he had to keep and stamp two cards. For that statement I relied on information supplied to me, and to a certain extent on my own personal knowledge. They may be labouring men in Ireland, but in the majority of cases the employment they get in Wigan, Bolton and elsewhere, is temporary employment in connection with mines, and, therefore, they do pay 1/1d. per week. I was surprised to hear Senator Johnson suggest there ought to be a reasonable tone with regard to leave to work in England. I do not agree that there should be any tone by an Irish worker getting employment in England. I am very sorry it is necessary for so many of our labourers from the west of Ireland to have to go to England to seek employment, and I hope that will not continue very long. Senator Johnson, of course, knows more about this question than we do, though we are greatly interested in it, but I understand that up to the Act of 1911 there was an arrangement by which the migratory labourer paid into the Post Office and thereby was enabled to get some recompense for the payments he made on these cards. I am informed by a soldier of very distinuished rank, who does not happen to be here to-day, that in England sailors and soldiers have their cards stamped for them and when they come over here they receive no recompense in respect of these cards. This is perhaps a matter with which Labour Senators are more conversant than I am. At any rate, it is a matter for discussion and consideration, for I understand it affects a great many people. I hope the Seanad will accept the motion, and I must congratulate Senator McEllin in bringing forward so very useful a motion. He has brought forward other motions which have met with acceptance, and I hope this motion will be accepted also.

I hope the Seanad will not pass this motion, and if it does I will ask the Dáil not to agree with it, and for the reason that the Seanad is asked to set up a joint committee of the Dáil and Seanad to investigate the hardships inflicted on Irish workers owing to the fact that they do not receive insurance benefits in respect of contributions paid by them while employed in Great Britain and Northern Ireland. Two or three years ago I made a very full statement with regard to the position on this subject. That statement is in the Official Reports. In answer to Senator Byrne, who was then a member of the Dáil, I gave the history of the matter and set out the position. The hardships, so far as they are hardships, in connection with this matter can be stated briefly so far as unemployment insurance is concerned. The agricultural labourer who goes to England is not insurable. He has no hardship, for he pays nothing and gets nothing in return. In the case of a man who goes to England and gets into occupation of an insurable type, he pays in England and so does the State and employer. I think he pays 7d., the employer 8d., and the State 7½d. If he stays in England, when unemployed he receives a minimum employment benefit of 2/6 a week and a maximum of 4/4. The hardship that is inflicted is inflicted on him by himself by his leaving England. As long as he stays in England he can get his contributions back. If necessity drives him home the hardship is that when he gets work in another country he is paying one penny per day, including Sunday, for all the period he is in occupation, and he gets no benefit when he comes here. Seamen are in a different position. No money is collected from seamen's wages. The money is collected from the employer on behalf of the seamen, and that goes to a special fund. Seamen register in Great Britain. If a seaman is an Irish national, and if he comes to reside in this country he draws no benefit, but he has paid for no benefit. That is with regard to unemployment insurance benefit.

With regard to health insurance, people permanently resident in this country, under the British interpretation of the Health Insurance Act, when they fall ill on the other side, as they are resident permanently, on the English interpretation, outside the United Kingdom, they cannot draw benefit, and that is accepted here as a proper interpretation of the wording of the Act. That is the hardship. The agricultural labourer is like the seaman. No deduction is made from his wages, and he cannot draw benefit in consequence. Soldiers are not insurable. As far as people in industrial occupations are concerned, a man pays and also contributions are levied on the employer and the State. He can draw benefit as long as he stays in England, but not when he comes here. I do not know whether suggestions were made to alleviate this hardship. I have a long statement of the proposals we made to the British Government and to the Northern Government with regard to these things. This can only be done by agreement, and in no case did we get agreement. The best proposition that could be made was that the British people should credit our unemployment and health insurance fund with the amount of moneys taken from our people on the other side and we would do the same in the case of Englishmen who came over here.

The facts are against us. Very few people from England or Scotland come over here to get occupation and who would be likely to benefit under the Health Insurance Acts. That was the best suggestion, but it was completely and definitely turned down. As to the receptiveness of the present British Government, they are not much more yielding than previous Governments when it comes to the question of paying out of their own Exchequer. It is only a rough calculation, but no better calculation could be made by a committee sitting and watching the number of migratory labourers and others for a few years, that the cost to the English Exchequer would be about £33,000 a year if they transferred to us contributions received on behalf of Irish workers over there, so far as the Unemployment Insurance Fund is concerned. I have not the figures, but they are available as regards health insurance.

Another suggestion made was that we should do with regard to the man who goes across to an insurable occupation what is done with regard to the seamen. There is no contribution made as regards seamen. That would mean that local authorities looking for a man to employ, say, on roads, would naturally take the migratory labourer, for in a sense they would be charged less for him. Another suggestion is that we should simply foot the bill. To give effect to a suggestion of that kind it should be brought forward as a special motion to have the money given as a dole and not as part of the insurance scheme. We have kept the insurance scheme, with one period of extension, purely as an insurance scheme. The suggestion made to me last year was that I should foot the bill for £56,000 out of the Insurance Fund. That cannot be done.

I ask the Seanad, instead of passing the resolution, to get the full statement made two or three years ago by me on this question. The situation has not changed since then except that the contributions have been changed in England. Read what is in that statement, and having considered it, bring forward a motion indicating a method of alleviating what are considered hardships, and indicating in a brief and concise way what are the hardships inflicted on the Irish workers referred to here. If people have suggestions to make, let them be made, and let us have arguments on them, but there is no necessity for a joint committee of the Seanad and Dáil to consider the matter.

Did the Minister consider this question as it affects workers in Northern Ireland and in the Free State?

As far as the Northern Ireland people are concerned we put up about several alternatives to them as to the methods of dealing with this. One we would like to have accepted is that we would pay the benefits due to Northern workers here, and the Northern Ireland people would pay benefits to the Free State workers on each other's stamps. The numbers who cross the Border from both sides are about equal, so that the unemployment and health insurance funds would lose and gain to about the same extent. That suggestion has been refused. I do not think any Labour representative is at all in the dark as to the efforts that have been made with the Northern Government. I am still hoping that they will look at the matter in a different light, but they have the right to deal with it as they wish, just as we have a very definite authority with our own fund here. As a matter of fact, I am in communication in regard to both areas on this matter of unemployment insurance.

I think it is only fair to the Minister to say that as far as the workers of the north and south are concerned we recognise no dividing line. The workers are satisfied that the fault does not lie with the Minister of the Saorstát. The workers on both sides are satisfied that our Ministers have done everything reasonable to meet the situation as between the north and south.

I am interested in the motion in the hope that alleviation might come to those who are deprived of maternity benefit because their husbands are employed portion of the time in Great Britain. I understand that is largely occurring in the West of Ireland, where there is health insurance partly in Ireland and partly in other countries. As the position stands these poor women have to suffer great loss.

I am surprised at the attitude of the Minister, especially with regard to people not coming back. I do not think in that he expressed the opinion of this House. There is no reason why this committee, if set up, would not be able to show some return for its deliberations. For instance, the establishment of factories for the production of iodine from kelp was suggested. We have kelp in the raw state in abundance along the western seaboard. At present French ships are taking it away and small remuneration is given to the people for collecting it and burning it. That is one of the things that could be discussed by the committee if set up to examine this question.

Cathaoirleach

I do not see how it arises out of the motion.

As far as the committee are concerned, there is no reason why they should confine themselves to one item.

Cathaoirleach

They should confine themselves to the terms of reference.

As to the relations of the Irish and British Governments in connection with this matter, the Minister has not referred to the agreement come to in 1923, and what the results of it were. That agreement was broken three years later under the Ultimate Financial Settlement.

I do not know what agreement was broken. There was an arrangement made with them that they would pay contingent on an actuarial examination made, and afterwards there would be a refund on what they had paid.

I hope the Senator who moved the motion will not press it, and that he will withdraw it in consideration of the statement the Minister made in the Dáil about three years ago. I have read and re-read that statement dozens of times. I have been unable, and others I have asked have been unable, to find any remedy. The Minister has assured us he has the matter in hands, and that he frequently makes recommendations on the matter to the Northern Government. Efforts that have been made by the Minister's Department to meet the requirements of Northern Ireland have been completely turned down. I agree with Senator Farren that our interests in workers across the Border is far greater than in the case of those across the water. I appeal to the Senator to withdraw his motion and give the matter further consideration with a view to seeing if he could put forward a solution.

The statement the Minister referred to deals only with unemployment and not with health insurance.

The motion deals mainly with unemployment insurance. So far as health insurance is concerned, we have our own Act of Parliament and Northern Ireland have theirs. If a man is qualified for health insurance I know that if he comes over with stamps to his credit he gets paid for twelve months. I again suggest to the Senator the advisability of withdrawing the motion.

I welcome the suggestion.

Motion put.
The Seanad divided: Tá, 12; Níl, 18.

  • Michael Comyn, K.C.
  • J.C. Dowdall.
  • Michael Duffy.
  • Thomas Farren.
  • Thomas Foran.
  • Thomas Johnson.
  • Thomas Linehan.
  • Seán E. MacEllin.
  • Colonel Moore.
  • Joseph O'Doherty.
  • Siobhán Bean an Phaoraigh.
  • Séamus Robinson.

Níl

  • Samuel L. Brown, K.C.
  • Miss Kathleen Browne.
  • R.A. Butler.
  • Alfred Byrne.
  • Mrs. Costello.
  • John C. Counihan.
  • Michael Fanning.
  • Sir John Purser Griffith.
  • P.J. Hooper.
  • Patrick W. Kenny.
  • James MacKean.
  • Seán Milroy.
  • Joseph O'Connor.
  • M.F. O'Hanlon.
  • L. O'Neill.
  • Bernard O'Rourke.
  • Thomas Toal.
  • Richard Wilson.
Motion declared lost.
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