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Seanad Éireann debate -
Wednesday, 8 Jun 1966

Vol. 61 No. 8

Social Welfare (Occupational Injuries) Bill, 1965: Committee Stage (Resumed).

Question again proposed: "That section 3 stand part of the Bill".
Question put and agreed to.
Sections 4 to 7, inclusive, put and agreed to.
SECTION 8.
Amendment No. 6 not moved.

I move amendment No. 7:

In subsection (1), page 9, to delete lines 49 to 54 inclusive.

This amendment proposes to delete the waiting period of three days in respect of payment of injury benefit. The Minister in speaking on the Second Stage had a good deal to say about the International Labour Office Conventions and the desirability of our being in conformity with them. He, indeed, chided the majority of the commission for having made recommendations as regards the amount of benefit which were not in accord with the International Labour Office view in this matter, and he certainly had a point there which he was entitled to make. The view of the International Labour Office on this matter is as follows, quoted in paragraph 167 of the Majority Report of the Commission:

The idea of a waiting period seems to be in contradiction with the principle of occupational risk, which requires that compensation should begin from the moment when the loss occurs, that is, the loss of earnings owing to incapacity. A large number of schemes contain this provision with a view to discouraging malingerers by making them bear the loss of earnings due to slight accidents. The provision is also designed to reduce the burden that employers would otherwise have to bear on account of the many small accidents that do not really cause serious loss. There is room for considerable doubt as to whether the waiting period is really effective in preventing abuses.

It must be said that the Majority Report did not, despite that view, recommend that the waiting period be abolished, but social thought evolves as time goes on, and for the reasons which the Minister tried to explain away we have had a number of delays since these recommendations were made. It is now over four years since the report was presented to the Minister, and it seems to me that this matter could now be further considered. Though the Majority Report did not at that time consider that the waiting period should go, despite the International Labour Office view, it is something which the House should consider now with the general evolution of social thought in regard to this and other matters.

I should like to support the amendment. The Labour Party have always held that this three days waiting period is wrong and causes great hardship to those affected by it.

As I explained in the Dáil the idea behind this is to discourage trivial claims and to prevent the limited amount of money available being frittered away on trivial claims. Unlike other social welfare schemes, it is proposed in the case of occupapational injury where the effect of the injury lasts for a period of two weeks or more to pay for these three first days. Since this is becoming part of the Social Welfare system, I think that this can be considered, from the point of view of the workers, quite an advance on the present system. It is true that the official view of the International Labour Office is as quoted by Senator FitzGerald, and the majority of the countries would be in favour of not having this waiting days provision, but it is not contrary to the Convention to have it. It is provided that where a waiting days provision is in operation it may be retained without contravening the Convention.

This is purely a question of the amount of money that is involved. Three days out of work, when it does not extend to any considerable period, is not a considerable hardship on anybody to have to undergo. We are providing here that if the period in which the worker is affected by this industrial injury becomes extended we go back and pay for the first three days. As I say, that is a considerable advance. It is the only one of the social insurance services in which that is done. I suggested in the Dáil, it would be better tactics to accept this advance in this respect of social insurance and aim to bring the other social services up to that standard first before we consider the question of paying for the first days of incapacity or unemployment, as the case may be.

I agree with the Minister that this is an advance on the arrangement in regard to other social benefits at the moment but I was horrified to hear him say that he did not regard the three days waiting period as a great hardship. The people involved in those benefits are largely manual workers. The ordinary salaried worker in clerical employment is not subject to this sort of risk. The majority of people involved in this would be manual workers, people working on machines and that sort of thing. The loss of half a week's pay or three fifths of a week's pay is surely a terrible hardship on those people. They are existing on £12, £14 or £15 a week. When they lose three-fifths of that amount it is a very great hardship to themselves and their families.

These people have to spend every penny they get to feed their families and maintain a reasonable standard of living. Surely it is a great hardship when, because of an accident, through no fault at all of their own, which arises out of their employment, they lose three days pay. The Minister says they will have to wait. They will not get benefit for the first three days. They have to sacrifice half a week's pay. This is certainly a very great hardship on those people.

As I said, there is some advance in this matter but really the Minister could go the whole hog and do away with this three day waiting period. We are dealing with occupational injuries that arise from something completely outside the control of the worker. There cannot be any question that the worker is simply not feeling well. He is injured at work and he is out of work because of that. I do not know about the cost involved. If the cost is great it means in effect that the workers are losing a lot of money because of this three day waiting period. I hope the Minister will think again and accept this amendment. It might be a slip of his tongue to think there is not any great hardship involved. We all make those slips but I hope the Minister will appreciate that there is a great hardship involved here. I hope there is a possibility of this new piece of legislation doing away with this three day waiting period.

I should like to support Senator Murphy on that. It is disturbing to hear somebody make such an unrealistic statement as that there is no great hardship involved in losing three days pay. It might be true of the Minister; it might be true of me or anybody else in this House but there are many workers of whom it is not true. I do not agree with Senator Murphy that this is an advance. We are merely taking what is already there. There are so many ways in this Bill in which we are going backwards that I suppose we should breathe a sigh of relief that things are not getting any worse but there is certainly no progress.

We are certainly not going any further in this matter. This is another way in which the Minister makes reference to the fact that he is not making any extension here because he has to keep in line with our social welfare code. Our existing social welfare code is completely out of date. Again and again the Minister has told us he cannot do this, that and the other because it would introduce a precedent in relation to the social welfare code. This is going backwards because our social welfare code has not gone forward throughout the years. It is a fundamental mistake to hear the Minister saying simply that to bring this into the social welfare code would create a precedent. He should decide what is the best scheme of workmen's compensation and he should then decide to bring it into the social welfare code. Instead of that he adopts this attitude. He is, in fact, going backwards with regard to this matter. He is certainly not going forward.

This is certainly an example again of where our social welfare code is completely out of date and unsatisfactory in so many respects. Had we reformed our social welfare code first, then it might have been worth bringing this into it. This is a fundamental thing which involves the worker who is injured during his employment. We are certainly going backwards in bringing this into a social welfare code which is itself out of date. This is once again an example of this mistake. This is once again an example of the doctrinaire attitude of the Minister. He has made his mind up and he will certainly not change it.

Amendment, by leave, withdrawn.

The Chair suggests that amendments Nos. 8, 9, 36 and 37 be taken together.

I move amendment No. 8:

In subsection (3) (a), page 10, lines 11 and 12, to delete all words after "dependant—" and substitute "for any period during which the beneficiary is between the ages of 17 and 18—£5 1s. 3d.; and for any period during which the beneficiary is under the age of 17—£3 17s. 6d., and".

The intention in all those amendments is very clear. We ask for parity with the Northern Ireland scheme. It is a pity, in a long-term scheme of this kind, that we should start one step behind the Northern Ireland and British benefits. At some stage we must stop pulling up; we must get these benefits more in line with those in the other part of the country. This would be a great step not only towards helping those concerned with the benefits but it would have a great effect on those looking to unity in this country. The Minister might easily begin here to bring these benefits into line with those being paid in the northern part of the country.

The effect of these amendments in regard to cost is estimated at £100,000 and this, in conjunction with the other amendments proposed by Senators Miss Davidson and Murphy, would total an estimated £750,000 a year. There are no proposals in the amendments to increase the contributions and, therefore, there are no proposals to finance these extra rates of payment. Accordingly, the only source from which the extra cost would come would be the Exchequer. It would, in fact, cost approximately 6d. extra on the stamp if they were to be financed by way of increased contributions.

I wish to point out that, while it is a fact that the rates of benefit in Britain are higher than here, it is also a fact that wages here are generally lower than in Britain. In fact, a higher proportion of the average wages is being provided under this Bill than is being done in Britain. In addition, the workman himself will make no contribution towards the scheme here while in Britain he has to pay five-twelfths of the cost. Taking account of our circumstances, the rates of benefit proposed in the Bill are as much as it is feasible to provide at present. They represent the rates recommended by the minority of the Commission, adjusted for increases in the cost of living that have taken place since then.

Amendment, by leave, withdrawn.
Amendment No. 9 not moved.

I move amendment No. 10:

In subsection (3), page 10, to add at the end:

"provided that where the beneficiary's pre-accident weekly earnings were under £18 10s. 0d. he shall not in any case receive, inclusive of sums received in respect of adult and child dependants under sections 10 and 11, less than 60 per cent of his pre-accident weekly earnings, and where those earnings were £18 10s 0d. or more he shall not receive, inclusive of sums received in respect of adult and child dependants under sections 10 and 11, less than £11 per week."

The Chair suggests that with amendment No. 10 the following group of amendments be discussed: Nos. 14, 16, 21, 30, 38, 39, 41, 47, 48, 49, 50, 51, 52, 53.

Might I ask you to exempt amendment No. 16, which involves a somewhat different matter which is not completely tied in with this? I should like to be allowed to discuss it separately.

Very well. I shall delete amendment No. 16 from the group.

This is a long series of amendments. I attempted, not necessarily successfully, to bring the principle involved right through the Bill. The amendments are designed to introduce the principle of wage relationship of which I spoke on the Second Stage when I gave reasons in favour of maintaining this principle which exists in present legislation but which has become atrophied because the maximum compensation payable has been £4 10s. 0d—so low that no adult worker has had a wage of such a low level that this has taken effect. All wages have been above the limit in respect of which the £4 10s. 0d compensation is effective.

As I have said, this principle is in the existing legislation and has ceased to operate only because of the neglect of the Government in the past ten years to make any upward change in compensation during a period in which wages and industrial earnings generally have almost doubled. The principle is there and it is one which we should maintain because it is quite evidently and obviously undesirable that a man who is insured and loses his employment should during any period have his income cut back to a small fraction of its original level and that no attempt should be made to give him compensation at some decent proportion of his earnings.

We can understand the desire to bring into the existing code the principle of dependency allowances. This seems to me to be reasonable. It is a start and it is a complicated matter. However, there is no reason whatever for not combining with the introduction of these dependency allowances the principle of wage relationship. I see no reason why the position of workers over any period should be allowed to deteriorate. The maximum benefit now is £4 10s. 0d. That figure, if it were to be brought upward in proportion to the change in industrial earnings since 1956, would need to be almost doubled. The Minister proposes to provide for a single man maximum injury benefit of £5 15s. 0d a week. I realise the Bill contains other provisions in relation to permanent incapacity and there are other provisions, many of them desirable, which we welcome and which should have been introduced long ago. I am concerned now with one particular point which the Minister has evaded so far in the examples he has given of ways in which this Bill improves the present system. Undoubtedly, in respect of individuals the benefits under this Bill are better than the recommendation of the Majority Report in regard to certain individuals. However, we must look at both sides of the case, particularly in relation to injury benefits where the most a single workman can get is £5 15s. 0d per week regardless of his earnings.

That figure represents an increase compared with what the workman now gets. However, it represents only an increase of £1 5s. 0d or barely 25 per cent in a period in which earnings have risen by almost 100 per cent. I do not think this is defensible. I agree that the introduction of dependency allowances is a good thing but I am not 100 per cent satisfied with the method or the detail. However, the Minister has made an honest effort to ensure the protection particularly of families who may be adversely affected by injury to the breadwinner, but the introduction of that principle is no reason for dropping the wage-relationship element in existing legislation. The Minister has endeavoured to excuse his abolition of this desirable principle, running completely contrary to the practice of almost all countries in the world in this respect, on grounds which, to say the least, are inadequate. During the Second Stage, at volume 61, column 335 of the Official Report, he is reported as saying that the wage relationship is desirable. He went on to say that it is not by any means impossible to have it but that there is a certain amount of difficulty attached to it. Then he goes back to the same old refrain: "I should prefer to consider this in the context of the whole of our social welfare code rather than in one isolated instance."

Anybody reading that would think somebody was proposing to introduce a new principle of wage relationship into the social welfare code, whereas the Minister in this Bill is proposing to abolish the wage relationship system in relation to something which is not now part of the code, only because workmen's compensation must be made to fit into the existing social welfare code, no matter who gets hurt, just because a doctrinaire principle must be maintained at all costs. He goes on to say:

... I do not preclude the possibility of wage relation being introduced some future time when it appears to be feasible, working with the amount of money which I decided it would be reasonable to ask the economy to provide...

These references to difficulty and lack of feasibility are unconvincing. I think I have shown, by these amendments, that this change away from wage relationship is not a necessary element in this Bill. There are no insuperable difficulties in maintaining the principle of wage relationship and although it has taken about ten different amendments to maintain this principle in the Bill and although it is quite possible I may have overlooked something or that some of the amendments could be imperfectly drafted— I admit that—I think by introducing these amendments I have shown that this principle can be maintained if the Minister is prepared to consider it.

The Minister, in all he said on this subject in reply to the Second Stage, emphasised all the time that his Bill was much better than what the Majority Report recommended, and that the Majority Report recommendations were in all kinds of ways inadequate. Anybody listening to the debate would have thought, from what he said, that he was giving more all across the board and that the Majority Report recommendations involved very much less. He kept on referring to the £7 a week, which was the maximum proposed by the Majority Report when they considered the matter in 1960 and which they incorporated in their report in 1962. As a member of that Commission I was most conscious of the fact that even since the matter was considered several years had passed. I was also conscious of the fact that with any inflation in the economy —and wages are rising with or without inflation—£7 a week was something which could become very quickly out of date. It was for that reason that in the Addendum I wrote to the Majority Report I specifically mentioned this matter and made my acceptance of this £7 a week conditional on its being—I quote my exact words here:

... regularly modified subsequently in the light of wage changes in the years after 1960 (when this figure was decided upon by the Commission)...

Those are the words I used because I was conscious of the fact that the Commission's report, as it stood, was one which related to a point in time. The Commission's report did not advert to the need to keep the scheme up to date. I was very much afraid that the Government might just simply accept the £7 a week and leave it for another ten years, like the £4 10s.— repeating the Government's performance in respect of the £4 10s. limit. I think I was right in my apprehensions and in specifying that the acceptance of the £7 a week could be favoured only on the basis of its being modified subsequently in the light of increases in wages thereafter —not in the cost of living and not even wages from 1962 onwards, but I specifically said in the light of increases in wages from 1960 onwards.

The Minister, in his reply to the Second Reading, kept on trying to pin me down on this saying that I recommended a maximum of £7 a week. I pointed out repeatedly, at the risk of being ruled out of order for interrupting, that I recommended this on the basis of the year 1960 and its being kept up to date thereafter. Between the year 1960 and the present time, wages in industry have risen by 57½ per cent. Consequently the implementation of my recommendation in the report would involve now a maximum payment of £11 0s. 6d. per week. I shall omit the sixpence hereafter and say £11 a week; that is in respect of legislation being introduced at this point of time. The Minister, in suggesting that I was in favour, at this point of time, or that I visualised myself in 1962 as being in favour of £7 a week, was being, as he knew, less than honest because I had specifically covered this point. The application of the principle which I had inserted in that Addendum would involve now a figure of £11 a week.

I am prepared to accept that the Minister's scheme, which is different in character because of the introduction of the dependency allowances, is better in some respects. He has pointed out that, in extreme cases, an injured man could get £15 or £17 a week in certain circumstances. In that respect this scheme is certainly better but the great bulk of the cases are not cases that require constant attention—of, say, a man with seven children who is permanently incapacitated. In fact, I would be interested to know if there is any such case at the moment anywhere which has this peculiar combination of features which the Minister had to think up in order to arrive at that conclusion. The vast majority of people are simply people getting injury benefit for a certain period. In the minority of cases there is a greater permanent incapacity, which may or may not require constant attention and who may or may not have one or two children, or however many it may be. We are legislating here for all possible cases but that the Minister should confine himself to certain extreme cases is not to treat the House seriously.

The single man getting injury benefit —and injury benefit is what is paid to most people, because most people are not permanently incapacitated — the single man in that position, and in this country unfortunately there are a lot of single men, gets £5 15s. 0d. under the Minister's scheme as against £11 if the recommendation I made in the Majority Report were implemented. This is on the assumption, of course, that the man is earning a high wage. Naturally enough, if a man is earning only £10 a week, the recommendation I made would not give him anything like that. I am talking here of the higher paid, skilled workers. At present wage levels, the semi-skilled workers would earn something like £14 10s. 0d. a week and the skilled worker around £19. The Minister is going to cut those people back to £5 15s. 0d. a week. Under what I propose they would be cut back to £11 per week—twice that figure. The Minister had what I can only call the nerve to throw in my face the ILO recommendation that the compensation should be two-thirds of the wages, when he is providing a sum which might, in many cases, not be one-third, never mind two-thirds. If the Minister were implementing the ILO Convention he would have my full backing and that of this side of the House but what he is proposing is something far below any ILO recommendation in this respect. He is proposing £5 15s. 0d. injury benefit for a single man. I have done a calculation in respect of the skilled worker and how many children he would have to have to get the Minister's benefit. My arithmetical calculation tells me the poor man would have to have 7 children before he would get £11 a week out of the Minister—what the skilled worker on £18 10s. 0d. or £19 a week would get under the proposal in the Majority Report is modified by the Addendum I put on to it in the Commission.

I do not think we can justify, by any standards, cutting back a skilled worker from £19 a week to £5 15s. 0d., which is what the Minister proposes. I do not think we can justify this by talking about other benefits in the Bill. There are other excellent things in the Bill, I admit, but there is no good in having good features in the Bill, such as constant attendance allowances, if at the same time you move backwards from the position you are in at the moment where, until the Government allowed the whole position to lapse, there was a wage relationship principle involving a certain percentage of wages very much higher than what the Minister now proposes for a case like this.

There is a very powerful case in favour of these amendments and nothing the Minister has said has convinced me that this case is not a good one. I should like to ask the Minister, when he replies to the amendment, if he has any difficulty in accepting it and, as far as I can make out from the Second Reading speech the reason he is likely to have difficulty in accepting it is because of the cost involved, I should like the Minister to tell us what that cost would be.

The amendments I have put down are designed specifically to implement the recommendation in my addendum. I have chosen the figure of £18 10s. because that is the figure which, if the 60 per cent principle that was referred to in the Majority Report were applied, would give £11 per week at maximum, which is what the effect of the recommendation would be at this time. That is the basis of the amendments.

In his reply on Second Reading the Minister suggested that the various proposals in the Majority Report, and in what I proposed, would offer such poor benefits that they would not be worth considering. If that is the case they cannot cost much. If, in fact, the cost is so high that the Minister cannot pay it, at least it is clear that the Minister by failing to accept the recommendation of the Majority Report, as modified by the addendum, is cutting back substantially on the benefits which were proposed. The Minister cannot have it both ways. Either what is proposed in the report and in the addendum is something which does or does not cost very much, and if it does not, as the Minister has accepted that it is desirable, and as the difficulties of implementation have been largely overcome in the series of amendments drafted, the Minister should forthwith accept the fact that these amendments are desirable, and accept them.

The principle of wage relationship is accepted widely everywhere else in the world. The Minister told us on Second Reading that he would like to introduce it but that the cost would be far too great. In that case the Minister might have the grace to withdraw his remarks about the inadequacy of what was recommended by the Majority Report and in the addendum. The Minister by refusing to accept this recommendation is depriving the workers of substantial benefits. If it does not cost very much the Minister, having accepted that these amendments are desirable—and the amendments having been drafted to get over the difficulties—should accept them. He must face that dilemma.

I do not think the Minister can get away on Committee Stage with what he tried to get away with on Second Reading—a series of statements about the enormous benefits given in obscure and unlikely cases, ignoring the fact that the great bulk of people on injury benefit are now earning a typical wage of £14 10s. a week and in the case of skilled workers £19 a week. For these people, unless they happen to have very large families, the Minister's proposals are designed to have the effect of reducing them to a very low standard of living if the breadwinner is injured, something which, throughout the world, countries have tried to avoid and something which we in our legislation have always tried to avoid. We have failed to avoid it only because the Minister and the Government allowed this legislation to lapse and refused to modify the £4 10s. limit on the totally spurious grounds that they had to await the report of the Commission. There was no reason whatsoever for not adjusting the £4 10s. limit in line with wages pending the report of the Commission.

I do not understand why that was not done. Normally speaking, any Government are anxious to maintain the level of social welfare benefits in line with wages, and let it be said that this Government have at least minimally done that throughout their period of office. In the Budget of 1965 they did a bit more because they had to face certain pressures in the general election before the Budget. Before those pressures the Government, with a certain lack of imagination, at least kept benefits moving upwards with wages.

I do not understand on what grounds the Government should have allowed the workmen's compensation benefits to stand still for ten years. That is completely contrary to normal Government policy and their excuses were totally spurious. One almost wonders in retrospect whether this was all part of an idea to eliminate wage relationship probably by letting it fall into disuse by failing to modify the £4 10s. limit. Then the Minister could tell us: "There is no such principle in operation now." He would not tell us that that was because of Government neglect.

I do not understand on what grounds the Minister purports to abolish this principle which has existed for so long in our legislation and which is universally in operation elsewhere. In his two readings of the Report the Minister must surely have come to the table on page 304 in which there are two long columns of the countries in which benefits for non-fatal injuries in workmen's compensation are related to wages. He must also have seen the shorter column in which benefits are related to wages, with additional allowances for dependants, a desirable feature which the Minister has introduced into this Bill showing that the combination of the two principles together is quite feasible, as I have shown in the amendments.

The countries which have this desirable combination include Australia, Austria, Finland, Italy, Luxembourg, New Zealand, Spain and some American states. Most of the other countries simply have wage relationship without dependency allowances. That is the normal practice but these countries and a couple of others have wage relationship with allowances for dependants. What the Minister's attention became riveted upon was the list of countries in which there is flat rate payment related to need, without any regard to wages. When he saw that was a feature in Great Britain and Northern Ireland he could not look any further afield. Those two countries are listed separately for some obscure reason. The fact that those two countries are listed with four States of the United States and with Iceland, may have reinforced his resolution, but it is pretty evident that in this, as in so many other fields, the Minister is not prepared to look further afield than Britain and Northern Ireland and that his highest ambition—if his ambition is even as high as that—is to keep in line with the most backward countries in the world in the field of social welfare. These countries are regarded as behind the rest of the world in the field of social welfare, except for the health services.

That the Minister should be so determined on this is to me quite inexplicable. The amendments I have put down would modify the benefits payable, and the system would be easily workable by the civil servants concerned. I do not see that it would give rise to serious difficulties, or why it could not be operated. It seems to be the one fundamental reason for failing to introduce wage relationship that it is not done in Britain and Northern Ireland. That is conclusive for the Minister. I am mystified by this. It is very puzzling indeed that a Government in Ireland should consider what is done in Britain and Northern Ireland the be-all and the end-all in any sphere of life. That is the attitude of mind which bedevils a great deal of our legislation, which very often is copied word for word from British legislation. We had that recently in the case of the Merchant Shipping Bill. There is not much point in our setting up our own system for dealing with Bills if the Government just point to what someone else has done and simply implement it in a convenient and automatic way.

It would be silly of us to do for ourselves everything that they are doing, but when we are in an area of social or economic legislation where the requirements of this country are clearly different from those of Britain and Northern Ireland, or where it is known to everybody that Britain and Northern Ireland are defective in their legislation and behind other countries, that any Government here should be unprepared to look further afield and consider that the only thing that requires to be done is to bring it into line with Britain and Northern Ireland —this is inexplicable to me. I do not see how a Minister of an Irish Government can justify this attitude, and it seems to me that the Minister's Party have moved a long way from certain principles they held here 30 years ago when this is their idea of legislation. That they should do this at a time when they are telling everybody that we are moving closer to Europe and they are seeking to bring legislation into line with Europe and abolish the differences, when even Britain is moving away from the flat rate system, shows an extreme lack of imagination or interest in this subject or a lack of social conscience. That it should be suggested that a skilled worker injured in his job should have his standard of living cut by over two-thirds to not more than a quarter of his ordinary level to bring us into line with Britain when it is open to us to maintain the wage relationship principle is something which the Minister has failed so far to justify.

I do not think I need say any more about it. I think the case is fully made. The amendments are there, and the Minister, if he is prepared to accept them, will have the backing of this side of the House in justifying the additional expenditure involved. Possibly it might have been better if the Minister had in the first instance worked out a proper scheme of wage relation benefits and flat rate benefits which would have added up to something similar to what is involved in this. It might have been better in not introducing a sudden increase in the burden on the economy, but I do not think that the extra cost involved in adding this wage relation benefit to the flat rate scheme is going to break this country or break the employers. It is certainly going to be an additional burden, and there will be some groans, but it is not going to have a fundamental effect. We must wait to hear what the Minister tells us about the cost of this proposal. I hope that he will not tell us that his Department is incapable of calculating the cost or that we could not have a scheme because the Department could not work out what it cost, but that is unlikely. He can tell us what it will cost and whether he thinks that it can be afforded or not. If he thinks it can be afforded, as I think, even if it goes beyond what is proposed hitherto, he will have the support of Fine Gael and, I am sure, of the Labour Party in justifying this additional burden on employers on the grounds of social justice.

I do not think he need fear that he will be attacked on any platform for making such a change. He will have the support of all if he does so. Now he has been shown how this can be done by the introduction of these amendments I hope that he will agree to accept this principle which is so universally adopted throughout the world, has been in operation so long, is so important to social justice and can be so easily maintained, and which we in this legislative assembly seek in accordance with the public interest.

I would support all that Senator FitzGerald has said on these amendments but I would be mainly interested in amendment No. 30. Under the British scheme contained in the new National Insurance Act this year the new graduated benefits will come into operation on 1st October. Amendment No. 30 visualises a very modest addition by way of a wage related supplement bringing in parity with the new British scheme. I expect that the Minister knows how it is calculated but it is not an awfully expensive thing. It would remove a great deal of hardship from people in the lower income scale, who would under this wage related supplement earning between £9 and £13 get an addition of about £1 and on wages above that an addition of about £2 per week. I would ask the Minister to give deep consideration to these wage related supplements.

I think I have made it clear that I am in favour of wage relationship as a principle provided there is also an adequate basic amount. In other words, I am in favour of a certain degree of wage relationship generally in regard to social welfare services and would hope at some time in the future to achieve that. Senator FitzGerald has not been completely factual in some of the statements he has made. He has been referring to the injury benefit available for a single man, but there has been no reference to the fact that this is a short term benefit, and if the disablement turns out to be of a long term nature and is such as to prevent the man from continuing to earn his living this will be supplemented either by disability benefit if the person qualifies for it or else by unemployability supplement, so that in the case of a single man who is not able to return to work the weekly amount of benefit would not be £5 15s. 0d. but £8 7s. 6d. Of course, that is only a single man.

It is true that the recommendation that Senator FitzGerald made to me as a member of the Commission on Workmen's Compensation did provide for a certain amount of wage relationship. He recommended that there should be wage relationship to the extent of 80 per cent in the case of those people whose earnings were under £4 a week, whoever they are, 75 per cent for people earning up to £6 a week, and 60 per cent for those earning from £6 a week up to a maximum of £7, so that Senator FitzGerald's recommendation as a member of the Commission was wage relationship to the extent of 60 per cent up to a wage of £11 13s. 4d. This recommendation was made to me in 1962. There was no suggestion of taking account of need as decided by family commitments in the recommendations put up to me at that time, and in the proposals I am putting before the House we have in addition to the benefits for single men which, as I said, if he is unable to work as a result of his accident amount to £8 7s. 6d.—in addition to that there are additions in respect of adult and child dependants, which make this considerably more attractive for the lower paid worker in particular than the proposals that were put forward by the majority of the Commission.

In view of the fact that those increases for dependants are there this means that the amounts proposed by Senator FitzGerald would normally have effect in the case of a higher paid man only and higher paid workers who had not got dependants so that the proposals in this amendment would, in my opinion, give an unbalanced system of benefits. The proposals I put before the House, while they do not introduce an element of wage relationship, are, in fact, better proposals. They are more favourable generally in that they take account of the needs of the person concerned. At the risk of offending Senator FitzGerald again, I think I would be entitled to point out that the workers' representatives on the Commission considered this question of need as decided by family commitments to be even more important than wage relationship.

It is a very sweeping statement for Senator FitzGerald to make that the British and Northern Ireland system is the most backward system in the world. I do not think that is so. There are features in it which could be improved but it would not be a very easy thing to show that their schemes are the most backward in the world and that the schemes in operation in other countries are ahead of Great Britain in every aspect. It is true that most of them have got wage relationship but there are other features which they have not got. One feature is that they are nearly all a lot more expensive on the worker. The contributions are greater.

There is no question of looking on the British scheme as being the be-all and the end-all of our aspirations. There are a number of instances in this particular Bill in which our provisions are, in fact, ahead of what is available in Great Britain. They may be comparatively minor things but we have not slavishly followed the British scheme. It is a fact that we have most contact with Great Britain and that it happens to be with them that there is the greatest need for reciprocity in this matter. In that respect it is an advantage to have a certain degree of similarity between the two schemes. The manner in which it is proposed in those amendments to effect a certain unbalanced system of wage relationship is not acceptable to me and as I say the benefits provided in this Bill are as much as it is reasonable to expect the economy of the country to provide at present. I prefer to consider the question of wage relationship in relation to social insurance benefits generally rather than do it in one particular aspect of occupational injuries.

I am afraid the Minister has not added very much to our understanding of why he is opposed to this proposal. He says he is in favour of the principle in general and that some time in the future it could be introduced. If that is so why is he not in favour of accepting this proposal now? This is an amending Bill to amend the existing system. The Minister is asking this House to abolish something which he says is desirable in principle and which it is feasible technically to introduce in this new legislation. The only reason he gives for this extraordinary practice is that we have close contact with Britain and it is desirable to have reciprocity with Britain.

Senator Miss Davidson pointed out that Britain are abolishing this flat rate system and introducing the other system. Why are we not doing so when even the British are changing? Why are we bringing ourselves in alignment with Iceland? All other countries, except two American States, have adopted the system we propose in this amendment. Why should we follow Iceland in this regard? If we want to achieve reciprocity with Britain, which is busily abolishing the system the Minister is now adopting, why do we not adopt the system they intend adopting? I never heard a more topsy-turvy argument put forward in this House. Would the Minister inform me if wage relationship is being introduced in Britain, why he is not having reciprocity with them in this regard?

Senator FitzGerald knows that is not what I said. In dealing with these amendments he alleged I said that our whole field of social welfare was based on the British system and that the British system was the be-all and end-all of our ambition in this regard. I first of all said that was not so but that in so far as there was a similarity between our social insurance schemes and the British schemes that it was a fact that there was this close contact between the two countries. I was not referring particularly to occupational injuries but to the whole social welfare system to which Senator FitzGerald was also referring.

There is some misunderstanding here. My point is that the only justification the Minister has offered for abolishing this system is that it is necessary to get in line with Britain.

That is not so.

Would the Minister like to say why he is abolishing this system?

This wage relationship, as Senator FitzGerald knows, was purely theoretical. Even in the recommendation he made to me he proposed wage relationship only up to a maximum wage of £11 13s. 4d. He proposed that the maximum compensation payable should be 60 per cent of the wages up to a maximum of £7, in other words, 60 per cent of £11 13s. 4d. On the other hand he recommended to me that there should be no advertence to need, no advertence to family commitments. I opted for a scheme which would take account of family commitments which was something Senator FitzGerald did not want me to do. I did that instead of wage relationship. That was considered by the workers' representatives on the Commission to be a more desirable thing to do than to have this wage relationship irrespective of family commitments. Senator FitzGerald, now that he is acting as a Fine Gael Senator rather than as a member of the Commission, proposes to have both but does not propose to finance them.

The Minister's last statement is extraordinary. I offered him the full support of the Fine Gael Party on the question of the cost. I persistently adverted to this and said I would give him every support. The Minister now says that wage relationship was only nominal. If that is so, the only reason for it is that his Party, during ten years, refused against continued pressure to increase the £4 10s. 0d. which, because every male adult worker in the country had such a wage during that period, he would get automatically anyway.

The Majority Report, as I pointed out in my addendum in 1960, considered the matter in terms of 1960. In 1960, the typical, the commonest male wage was around £8 10s. 0d. It has risen in the meantime by 57 per cent and at present is £13 10s. 0d. which will go up to £14 10s. 0d. when the £1 per week goes through. Those figures are open to correction—they have been hastily calculated, but they are about right. Therefore, a wage related scheme which gave a figure of £11 13s. 4d. in 1960 gave a reasonably full measure of wage relationship. There was nothing nominal about it.

It is all very well for the Minister to refer derisively to a wage of £11 13s. 4d. per week. We are talking about a period six years ago. The figure might not have been as good as it should have been but it was a fully operative wage relationship. The Minister says he opted for flat rate benefits. Who asked him to opt? We have a list of 11 countries which did not opt. No one is asking the Minister to drop the flat rate system. Had I been appointed to the Commission earlier, I would have pressed for the inclusion of that element in the system to some degree. Nevertheless, the Commission scheme gave such a measure of wage relationship that it went a long way towards meeting this problem. It was not as imperfect a scheme as the Minister's which proposes to terminate wage relationship and bring a skilled worker down to a standard of living no more than a quarter or one-third of his ordinary standard of living.

The Minister said I made no effort to point out that the duration of injuries benefit is only short-term. Of course, the duration of injuries benefit is short-term and, therefore, is the most common. It is something in respect of which most people receive benefit and it is, therefore, something towards which we must direct a large part, though not all, of our attention. During the Second Stage and again today, the Minister tried to ignore this completely and to give the extreme example of a person with seven children who is permanently injured.

I did not mention seven children.

He also said that my proposal would operate only for higher paid workers and that for single men his scheme would be preferable. This is not the case. Take a married man with one child on a wage of £14 10s. a week, which is what the typical wage will be in the near future. I proposed that man would have £8 14s. per week. The Minister, with his dependency allowances, would give that man up to £8 8s. per week. Therefore, I suggest to the Minister that he stops this talk about the unmarried skilled worker. The Minister said my proposal was for the benefit of the higher paid worker. Here we are not talking about higher paid workers in the Civil Service or in administrative posts. The typical worker with the commonest wage of £14 10s. 0d. married and with one child, would get from my proposal more than the Minister proposes to give, and the Minister's statement to the contrary is flatly untrue.

The Minister made his pious references to the workers' representatives and what they thought. We know after yesterday's debate the interest the Minister has in the workers' representatives and their recommendations. When it suits him he quotes them and when it suits him he misquotes them. I do not think we should take too seriously the Minister's pious references to the workers and their representatives.

I take it that Senator Miss Davidson is speaking for the trade unions. That being so, we can take it that the trade unions, the workers' representatives, are now seeking—amendments have been put down to this effect here—to keep in line with the evolving and improving system in Britain. It is no good the Minister telling us what the workers' representatives said on the Commission. He should be concerned with what they are saying now. It is that the British system having evolved and improved, we should try to keep up with it. That is what they are looking for. That is what the Minister is rejecting. He is refusing parity with Britain and is going backwards to what Britain is evolving from.

There is no question of opting. The Minister said in his last sentence that I made no proposal to finance the system. Far from that being the case, I am prepared to go out, I am prepared to stand on a platform with the Minister and support him on this question. I do not think the House should hear any more about this from the Minister to whom I have offered my specific support. If the Minister should think that he might get into hot water in his effort to become a little more socially progressive he certainly would have my support.

Amendment, by leave, withdrawn.

I move amendment No. 11:

In subsection (4), page 10, line 15, to add the following:

"except where the beneficiary was working a five-day week prior to the accident, in which event the amount payable for any day of incapacity shall be one-fifth of the appropriate weekly rate."

This simply arises out of the five-day week. The provision in the Bill now simply assumes that people work a six-day week and that they get one-sixth of the benefit, therefore, for a lost day. It seems obvious that where people work a five-day week they should get one-fifth for every day lost. This is a non-contentious amendment which I suggest the Minister may accept.

I think Senator FitzGerald does not quite see what this amendment would do. One effect at any rate of this—and I think the main effect—would be in the cases of these short-term absences when the first three days would not be paid for. Under the present system the loss would be half a week's benefit; that is three-sixths of a week's benefit but if Senator FitzGerald's amendment is accepted, the loss would be three-fifths so that in the case of short absences there would be a loss to the worker of one-tenth of a week's benefit, if this amendment was passed.

The only relevance in the case of long absences would be where there were odd days in such absences, that is odd days over a full week. The gain in this case would range from one-sixth, where there were five days, to one-thirtieth where there was one day over a period of a number of full weeks. Therefore, the gain in long-term cases would be marginal and the majority of cases in which this would have relevance would be short-term cases where it would result, in fact, in a reduction of the amount of benefit obtainable by the workman.

I thank the Minister for his helpful explanation there. The Minister does not think it is worth while introducing this in respect of the long-term absences. I do not want to press the point but the Minister seems to have a good point in regard to the short-term absences.

I do not see how you could do it for short-term and not for long-term. You either take the daily rate as being one-fifth of the weekly rate or one-sixth, as we are taking it at present.

I understood the Minister's intervention to rest on the fact that the three-day waiting period complicates the position. If this amendment applied to cases only over a fortnight, where there was no waiting period, would it not prove of some benefit?

It would, but then we would have two different definitions of the daily rate of benefit; one-fifth for cases over twelve days and one-sixth for those under it. I do not think that is a reasonable suggestion.

It does not seem to be an impossible complication. It is only a question of whoever is doing the job dividing by five rather than six in certain cases. If it is more equitable and fair to the worker, I do not see that the complication involved should give rise to any difficulty. Would the Minister like to consider it between now and Report Stage, without committing himself to it?

There would be no question of committing myself because it would be an inconsistent thing to do and I think the general effect of the amendment here, as put down, would be to the disadvantage of the worker. Normally long-term absences would be in periods of a full week, so that the only real relevance would be in the case of short-term absences and the effect there would, in fact, be to bring about a reduction of the amount payable.

I see that but if the Minister would, perhaps, have another look at it and if he comes back and feels it is not worth doing, fair enough.

Amendment, by leave, withdrawn.

I move amendment No. 12:

In subsection (5), page 10, line 16, to delete "not".

As at present drafted subsection (5) of section 8 of the Bill says:

A person under the age of sixteen years shall not be entitled to injury benefit except in so far as may be provided by regulations.

That seems to be the wrong way round. I can quite see that it might be desirable to exclude people under 16 years by making a regulation to that effect but automatically to exclude them seems peculiar. Everybody who works should be in this Bill until somebody decides, for good reason, to exclude them; until the Minister decides, for good reason, to exclude them. I think the Minister should have that power and exercise it where he thinks desirable but he should not automatically exclude them. It is for that reason I propose the deletion of the word "not."

I do not think this would be an improvement on the wording. There is nothing that could be done under the proposed amendment that cannot be done under the subsection as it stands. I do not see any reason whatever for making this change.

Would the Minister explain to the House which people under 16 years he proposes should be excluded and which people will be included? If we understood what the Minister has in mind it might be that the new form of the subsection would be preferable to meet his requirements.

The intention in this is not, in fact, to exclude people who are employed under the age of 16 but to vary the rate of injury benefit which would be payable. A person under the age of 16 years—to quote from the subsection—

shall not be entitled to injury benefit exept in so far as may be provided by regulation.

Contributions will not be payable in respect of children under the age of 16 and the intention is to provide special rates of benefit for them.

That would seem to justify what I have said. If, in fact, they are going to be entitled to injury benefit at different rates it seems a very odd way to set about this by starting off in the subsection saying "they shall not be entitled...".

—"except in so far as may be provided by regulations." It is better drafting.

Better drafting, perhaps, but not better commonsense.

Apparently it is better drafting. If Senator FitzGerald sees what is intended I think he will see that his amendment would make it more difficult to do what it is intended to do.

Amendment, by leave, withdrawn.
Section 8 agreed to.
SECTION 9.

I move amendment No. 13:

In subsection (2), page 10, line 38, before "be" to insert "shall".

This section I am concerned with here is one which provides for disablement benefit and the particular clause with which I am concerned is the one which says:

Provided that if he is not so incapable on any day, being the fourth or a later day after the relevant accident, before the end of that period, he may claim, and if otherwise entitled, be awarded disablement benefit as from that day, but in that event the fact that he is or may be so incapable on a subsequent day of the period shall be disregarded for the purposes of this subsection.

It seems to me that, in its present form, the wording "be awarded" is modified by the preceding words "may claim". In other words, is his right to claim optional on the question of getting this if, in fact, he makes a claim? I am not sure that this is intended. It seems to me the position ought to be that he should have the right to claim; and if he claims, he ought to be awarded this benefit. He should be entitled to be awarded this benefit. Perhaps there is some mistake here and the introduction of the word "shall" would make clear the person's right. "He may claim, and if he is otherwise entitled shall be awarded," rather than "he may claim and if he is otherwise entitled may be awarded", which is the implication as the section is already drafted. I am not quite sure what the Minister has in mind. It may be that I am misunderstanding his mind on this matter, and I should be glad to hear any comment he has on this amendment.

I think there is no need for the amendment. Again, this could prove to be disadvantageous to the claimant in certain instances. Under this amendment if a person once became capable of work during the injury benefit period, he would claim for disablement benefit, and if he became incapable of work again during that period it would be mandatory to award him disablement benefit, if he was entitled to it, despite the fact that he had become incapable again. The disablement benefit awarded in such circumstances as that would almost certainly be less than the maximum, and, therefore, this amendment which would make it mandatory to award disablement benefit rather than injury benefit would quite likely result in smaller payments to him. Under the existing provision if he again became incapable of work before he was awarded the disablement benefit, he could cancel that claim, and resume his claim for injury benefit which would be at the full rate of £5 15s.

I accept the Minister's explanation without necessarily understanding it 100 per cent.

Disablement benefit will be at different rates in proportion to the degree of loss faculty, whereas injury benefit is at a fixed rate of £5 15s. It is related to incapacity to to work. The Senator's amendment would make it mandatory to give him whatever amount of disablement benefit his loss of faculty would qualify him for, without reference to the fact that he may have become incapable of work again in the meantime.

I see. I thank the Minister for his explanation and I withdraw the amendment.

Amendment, by leave, withdrawn.

An Leas-Chathaoirleach

Amendment No. 14 has been discussed with amendment No. 10.

Amendment No. 14 not moved.

An Leas-Chathaoirleach

The Chair suggests that amendments Nos. 15, 17 and 24 be taken together.

Was it not agreed to take a number of others as well?

An Leas-Chathaoirleach

That is for the House to determine. The Chair is suggesting that amendments Nos. 15, 17 and 24 be taken together.

I thought it was agreed that amendments Nos. 15, 17, 18, 19, 20, 22, 23 and 24 would be taken together.

No, there is no such proposal.

An Leas-Chathaoirleach

The Chair understood that Nos. 15, 17 and 24 would be taken together, and that afterwards Nos. 18, 19, 20 and 23 would be taken together.

What about No. 22? Will it be taken separately?

An Leas-Chathaoirleach

So far as the Chair is concerned this appears on the Order Paper as a separate amendment.

That is all right.

I move amendment No. 15:

In subsection (7) (a), page 12, line 1, before ", but" to insert "(in Table III)".

All these amendments deal with the question of parity. I do not think there is any need to say very much on them except perhaps in regard to amendment No. 24. I should like the Minister to let me know what he thinks would be payable under the proposed table for one per cent injury and 19 per cent injury. Again, I should like to ask the Minister why must we always start one step behind what has now come into force in Great Britain and Northern Ireland.

I think I have dealt so far as I possibly could with the question of our rates not being as high as they are in Great Britain. I do not see any point in going into that any further. In so far as the question of specifying the amounts that would be payable for different degrees of disablement is concerned, it is intended to insert this in regulations which will be made under the Bill.

Can the Minister tell us what one per cent and 19 per cent, for instance, would be?

Nineteen per cent is £380. Is that not right? It would be graduated from £380. I do not think the table has actually been drafted yet, but it will be on a graduated scale from £380 downwards.

Would the Minister say is there any possibility of raising that scheme. How much would it cost to raise it up?

I have only the global figure for all the amendments proposing increased rates put down by Senator Miss Davidson and Senator Murphy. The total cost of all the amendments is estimated at £750,000.

Would the Minister look at it and see if he could do something better? It seems to be very low.

I could do something better by raising the contribution rates. I appreciate that. As I said on Second Reading, both the majority and the minority of the Commission seemed to have roughly the same ideas as to the load it was feasible to ask the economy to bear in this question of occupational injury. My approach must be to work roughly within that figure.

Amendment, by leave, withdrawn.

I move amendment No. 16:

In subsection (7) (a), page 12, lines 1 and 2, to delete "but not in any case exceeding three hundred and eighty pounds".

The Bill was amended in the Dáil by the introduction of subsection (9) of section 9 which we are on now. This introduces the right to substitute a pension for a lump sum in respect of disablement of 20 per cent. The section which I am seeking to amend imposes a limit of £380 on the amount of the lump sum or disablement gratuity, as it is called technically, payable in these under 20 per cent cases. The Dáil made an amendment to the Bill which introduced a system of pension as an alternative to this disablement gratuity.

The provision for the calculation of this pension, if I read it correctly, is that it can be up to about 22/- a week for life, if in fact it is 19 per cent disablement. Now the average worker is going to get much more out of 21/6 or 22/- a week than out of £380. What the Dáil has done is to substitute an unlimited benefit if the worker opts for a pension, but it omitted to remove the £380 limit on the gratuity. This means that the worker is now in most cases being forced to opt for the pension, which gives him much better value. As a consequential amendment to what the Dáil did the limit should now be dropped, otherwise you have a distorted picture where a limited gratuity and an unlimited pension force the worker towards the pension because the £380 limit does not apply to the pension mechanism under this new Dáil amendment. There is no limit to the pension of £380. The Dáil has, therefore, by removing the limit if he opts for the pension, introduced an imbalance in attempting to widen the worker's choice. The worker is certainly made better off by giving him a pension. It was the intention of the Dáil, obviously, that the worker should not be limited in this way because they put no limit on the 22/- a week. This is a very complicated matter. I have read this a number of times and am still not certain that I understand it properly. The Minister may be able to put me right, but if my understanding is correct I would suggest that the £380 limit no longer fulfils any useful purpose. If I have misread it, he will no doubt inform me immediately.

I think that what the Dáil intended to do was purely and simply to allow an injured worker who suffered a small degree of disablement to opt for a pension if he likes. The reason why these lump sums were prescribed originally was that it is felt that the rate of pension in these cases would be so small as not to be looked upon as any real compensation at all for an injured workman. In fact, I think that in these particular type of cases the majority of workmen would opt for a lump sum. The effects of Senator FitzGerald's amendment would be to introduce a completely new idea, that there would be no limit on the amount of the lump sum payable for these small degrees of disablement. I could not accept that. If the workman calculates what he would receive by way of pension against what he would receive by way of lump sum and decides to gamble on the possibility of receiving the pension for a period long enough to enable him to receive a total amount which will be greater than the lump sum, then I think that we can leave him to do that if he sees fit. I cannot see that that would justify us in upsetting the amounts of lump sums, which are related to the amount of disablement benefit which would be payable for other degrees of disablement. Three hundred and eighty pounds is roughly seven years value of what would be the appropriate rate of disablement benefit for that degree of disablement.

I do not quite follow the business of the seven years. Seven years of what?

The maximum rate of disablement benefit for 100 per cent disablement is £5 15s. That is graduated for different degrees of disablement down to 20 per cent. Three hundred and eighty pounds is roughly seven years value of what the equivalent rate of disablement benefit would be for 19 per cent disablement. The weekly rate for 20 per cent is 23/-. For 19 per cent it would be something less than that, and if you divide £380 by seven, that would give you a yearly rate which when further reduced to a weekly rate would be the appropriate rate for 19 per cent, so that if you remove that limit of £380, it would affect all those other rates of disablement benefit.

The Minister always manages in his last sentence to say something inexplicable.

How is it inexplicable?

"It would affect all the other rates". Would the Minister like to explain that statement?

In Table I on page 12 we have rates for 100 per cent, 90 per cent, 80 per cent and so on down to 20 per cent, which is 23/-. We then come to 19 per cent for which we provide a gratuity of £380. That £380 is based on seven years of the value of what the appropriate weekly rate of disablement benefit would be for 19 per cent in accordance with that reducing scale.

Why seven years?

I do not know, but that is the way in which it has been arrived at. Possibly it is on average, taking ages into account at which these accidents have occurred in the past, and so on.

I am afraid that this does not follow. The Dáil introduced an amendment which contemplated cases exceeding seven years. So far from this section being limited to seven years, not alone is it not but the Dáil went on to say that in cases where this exceeds seven years, the following things shall be done. I cannot see where the seven years limitation comes in. The Minister has not offered any explanation of it. I am not sure whether this is an ex post facto rationalisation of £380 or how it was actually arrived at. Either way the position is unsatisfactory because even if the Dáil has not introduced this amendment, I would have questioned the £380 because I see no reason for it.

Subsection 7 reads:

Where the degree of disablement is assessed for the period taken into account as amounting to less than twenty per cent, disablement benefit shall be a gratuity

(a) of an amount fixed, in accordance with the length of the said period and the degree of disablement, by a prescribed scale,

That makes sense. Then we come to the next bit:

but not in any case exceeding three hundred and eighty pounds.

We are told that would be seven years of the maximum rate. It seems to me that a man should get disablement benefit because of the disablement and for the period for which he would be disabled. Why should we say that if a man is thought to be disabled for 14 years, 21 years or for life, he can only get gratuity for seven years and then having said that in the Bill, we decide he should not get this gratuity but that he can get a pension? Where the sum is small, we give him the lump sum and where it is larger, he gets it in the form of a pension.

The principle was that the rate of pension would be so small in those cases that it was felt a lump sum would be more attractive. It was pointed out in the Dáil that this lump sum was only equivalent to seven years' pension and that some workmen might deem it more attractive to get a pension, small as it was, for the remainder of their lives. In response to that argument, we accepted this amendment. I am not sure whether we accepted an amendment or whether I introduced one to give the workman the option of taking the appropriate rate of pension, small as it would be.

I am afraid we are getting into worse difficulties. We are told the idea is that because the amount involved was so small, it should be a lump sum. It is only small because it is limited to a lump sum of £380. It is the Minister who is proposing it should be small. There does not seem to be rhyme or reason with regard to this matter. I have no explanation as to why it should be limited to seven years. If a man is going to be disabled for life, surely the gratuity should be for life? The Minister in the Dáil introduced this limitation. Is there any reason for having the seven years limitation? Why should the limitation not be beyond the seven years? Why should the workman not be able to take a lump sum beyond seven years? We are told the lump sum is given because the amount involved is so small.

We are dealing with small degrees of disablement here and with small sums by way of pension. The original thinking was that those sums were so small that they would be unattractive to workmen and therefore this idea of a lump sum was introduced. Members in the Dáil felt that some workmen would prefer to take the appropriate rate of pension, small as it was, rather than a lump sum. I agreed to give them that option, but as I said, the degree of disablement in those cases would be comparatively small.

I am afraid the Minister is omitting to give an explanation as to why he introduced this limitation of £380, in the first instance. He says that the lump sum is there because it is small but then it is limited to this seven years.

The amount of pension is limited and the duration of the pension is limited. When it was decided to provide lump sums for those small degrees of disablement, some system of relating them to what the rate of pension would be had to be decided on. Seven years computation of the appropriate rate of pension appeared to be reasonable since it was a lump sum which would not be related to the age of the workman concerned. Senator FitzGerald seems to suggest that the lump sum should be different for different ages, for different expectancies of life. I do not think that would be feasible. In that case you would have to provide one lump sum for a man of 20 years, another for a man of 25 years and so on.

I agree that to be strictly fair, and possibly logical, that should be done. We should have a different lump sum according to the expectancy of life at different ages but the amounts were so small that it was not considered necessary to do that. We have given an option now to the person to take the small sum that would be appropriate, if he so desires. Does Senator FitzGerald say that £380 would be equitable in all cases? Surely it would be reasonable in some cases but the appropriate amount could be greater in the case of younger men.

It would be extra in most cases because in fact the disablement is a permanent one, which is quite common in most cases. If a person loses a finger, it will not grow again in seven years. It is a very severe restriction to put in this limitation of seven years when most workers are under 55 years. I do not understand why it was introduced, but then, having introduced it, why is there this unlimited pension? This seems very inconsistent. The Minister ought to have a look at this again. This needs some tidying up. It does not read very sensibly as it stands. I think the workman should be entitled to a greater lump sum for whatever period is necessary. If the amount is large, he gets compensation in the form of a pension for the rest of his working life or as long as the disablement lasts. As the Bill now stands because of the overlooking of this £380 by the Dáil, the man is in the position where if his disablement is likely to be for life, and if he is hard up and wants to get cash into his hands, he is likely to choose to give up his pension rights and accept this lump sum of £380 which is far less than the maximum value. This seems to be very undesirable. Lump sums have undesirable features in any event, though there are cases where they are a good solution and I am not against them altogether.

The Minister said earlier that lump sums always have an undesirable feature and I suggest that nothing could be more undesirable than that a man could commute his pension for a lump sum which is only a small part of his pension rights. If such a man were hard up, he might be doing himself out of good pension rights for the sake of the lump sum. If we look at the section afresh, we shall find that a man can get a pension and commute it for a gratuity which in no case would have more than the seven-year qualification. If he takes a lump sum, he is cutting short the seven years.

I suggest the Minister should look at the section anew because, in drafting, it is obviously a bit topsy-turvy. The lump sum has been treated as the main feature, although in fact it is only a way out for a hard-up workman. The section could be redrafted with more logical effect. I suggest also that the Minister take a look at the £380 limit because whatever justification there has been for the Dáil amendment, it is nothing more than a temptation to a workman to sell out his pension rights for a lump sum which may be only a small proportion of his pension right. The Bill has been improved by the Dáil but the effect of the amendment on the original proposal in the Bill has not been considered. This confused discussion, for instance, suggests the desirability of the Minister having another look at the section which is not necessarily a very undesirable provision. The £380 does not fulfil the function it was originally intended to fulfil.

Senator FitzGerald's remarks about the undesirability of the lump sum brings us to a point which he did not carry far enough. The idea of lump sums for injured workmen suggests a very great danger. One of the good things is that a lump sum settlement was done away with originally. I would be against increasing the lump sum as suggested in the section. If it were brought to a theoretically more sensible level of 14 years which would bring it up to approximately £750, I think it would be too high. The attraction of a relatively large sum would encourage people to look for a lump sum where otherwise they would be satisfied with the pension. There would be a large demand for lump sums going up the scale.

Originally, this was dealt with on the basis that it was not a very serious matter, that relatively small lump sums should be given to finish the matter once and for all. Now we have the change to small pensions instead. Having made that change, if the Minister is to consider lump sums, he should do so on the basis of doing away with them altogether rather than increasing them which might bring us back to the situation in which the workman is tempted to take a lump sum rather than a pension.

I agree it would have been more consistent to extend the scale in Table I down to one per cent but by the time we got down to one per cent, we would be dealing in quite ludicrous amounts by way of pension. For that reason, it was decided to depart from the principle of the Bill and provide lump sums for smaller degrees of disablement which would not normally affect the ability of the person concerned to earn his living. Senator FitzGerald should give some attention to the fact that the lump sum will be paid right away and will not be affected by the possibility of the beneficiary dying shortly afterwards. If a pension were given, it would cease when the person concerned died. We must keep some balance between the lump sums we are providing for minor degrees of disablement and pensions for higher degrees of disablement.

While I agree it might be more tidy to amend the Bill by extending Table 1 and having the lump sum provision as an option rather than the other way around, I think the Bill is all right as it is. The Dáil, in making this amendment, took the view that the normal thing would be that the lump sum, small as it was, could be opted for. A provision allowing the person to opt for the small rate of disablement benefit appropriate was a concession which would be availed of only in a minority of cases.

I see the Minister's reasonable explanation and I am beginning to see a bit of daylight. The principle of cutting off below 20 per cent and turning the pension into a lump sum has been effected here. What is suggested is that you pay the person a pension in all cases except where there is disablement of less than 20 per cent during a period of less than seven years for which there is a lump sum. Because of the way it was introduced in the Dáil, there was a further possibility left open. It is the possibility of a man who has a disablement which will last much longer than seven years who under the Bill as it stands is entitled to the choice of a pension or lump sum and who might opt for the lump sum, small though it might be in relation to the value of the pension. Should we not revise this on the basis that we provide that in all cases a pension shall be payable except where there is a combination of the under seven years and under 20 per cent, when a lump sum shall be payable? The option we have got is particularly undesirable because of the temptation to opt for a lump sum of much less than the value of the pension. Having reintroduced the pension idea for periods of more than seven years, we should limit the other to £380 but applicable to cases of less than seven years.

I agree that it is undesirable to put the temptation in a worker's way to abandon a pension in favour of a lump sum, but after all, in these cases, we must appreciate that the pension is a very small thing indeed and that the worker who cuts himself off from a pension at the rate we are discussing will not be depriving himself of any great assistance in maintaining his standard of living.

I really do think it is indeed untidily drafted. It has got a mixture of principles in it and I think nobody is terribly satisfied with the subsection in its present form. I wonder if the Minister would look at it between now and Report Stage and if, having thought about it in its present form, it was decided that that was not the best solution, we could have it drafted in some more sensible way. The debate on this has shown that the Dáil has modified this in a way which has unintended effects. It does not seem to me desirable that a worker should opt for a lump sum very much less than the value of his pension. I am sure this was an oversight on the part of the Dáil. I am in favour of eliminating the £380 limit. If the Minister sees difficulties about that, I still think it might be better to confine the lump sum to cases of under seven years.

What does the Senator mean by cases of under seven years?

The cases under subsection (5) of section 9 which says:

The period to be taken into account by an assessment of the extent of a claimant's disablement shall be the period (beginning not earlier than the end of the injury benefit period, and limited by reference either to the claimant's life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty.

Every period has to be assessed and apparently, for some reason, the figure of seven years has been taken as the crucial turning point in the assessment of this period. It has never been assessed and, over seven years, the Dáil has provided that, in these circumstances a man may take a pension. If it is under seven years and the total amount is, therefore, small, then he should be given a lump sum.

I can quite see that the way we have approached this here and the complexity of it must leave the Minister in some doubt at the moment as to what is perhaps the best solution. I am in doubt myself about it and that is why I suggest that the Minister have a look at it between now and Report Stage. The £380 is now performing a completely different function from the one originally intended.

I do not think the Dáil did anything they did not intend to do. It might be possible for people with a smaller degree of disablement to opt for a small pension which could be very small indeed in regard to the really small degrees of disablement, instead of the lump sum which I proposed originally as the only compensation in such cases. The position as it stands is satisfactory. Possibly it might be drafted in a neater way if the Table had been extended down to one per cent and if the lump sums were provided as an option, rather than the other way round, but I am quite satisfied with the result of what has been done. A person concerned who has suffered a small degree of disablement can opt to take either a very small rate of benefit or a lump sum, which I think is of a reasonable amount. I do not see any need to go any further with the matter.

Amendment, by leave, withdrawn.
Amendment No. 17 not moved.

It is proposed that the House adjourn until 2.15 p.m.

It has been suggested that in view of the fact that the House will have to sit this evening until I think 10 o'clock, we should adjourn now until 4.30 p.m. and reconvene then in order to consider the Electricity Bill, rather than to continue to sit from 10.30 a.m. to 10 p.m.; that the extension of the session this evening creates problems for people and to adjourn until 4.30 p.m. might be helpful at this point. This suggestion was made yesterday. I wonder if it has been considered?

We have considered that but we are anxious to get on with this Bill before us. There are a considerable number of amendments still to be considered and we should like to have another couple of hours' discussion.

I should like to support Senator Garret FitzGerald. After all, this emergency legislation, the Electricity Bill, came rather suddenly upon the House and Members of the Seanad are not getting an opportunity to consider the Bill itself or the proposals involved. Members should get every facility to study the proposals.

We really are in difficulties. This Bill was presented to me only a couple of hours ago. I have not had much time to look at it so far. I do think we ought to be given an opportunity of studying it and of preparing ourselves for an important debate rather than launch into it without any preparation.

An Leas-Chathaoirleach

It would help the House if we knew the Minister's view.

My view is that this is a long Bill and we have made very little progress with it. We have the Report Stage still to come. It had a fairly long passage through the Dáil as well and I think it not unreasonable to ask the Seanad to make whatever progress it is possible to make with it in the period between 2.15 p.m. and 4.30 p.m. Senator Garret FitzGerald has been referring to the long time it has taken; I think we should make the best use of whatever time is available to try to speed up the process of getting this improvement into operation rather than put it back for another week. I understand that the Seanad, like the Dáil, will not meet tomorrow.

It is obvious now that this Social Welfare Bill will not be completed today. Therefore, it is not unreasonable to ask the Government to facilitate Senators who wish to study the emergency legislation we have agreed to discuss this evening.

I sympathise with the Minister's desire to get on with the Bill, having waited four years. I mention this because he made a slightly contentious reference to that point. But I do think we must have an opportunity of studying this Electricity Bill and I think the Seanad, which does not normally meet for 12-hour sittings, can reasonably ask the Government to facilitate it in this matter. I myself may have to deal with this Bill and I must have an opportunity of studying it. I can understand the Minister's desire to get on with the other Bill but we are all a bit frustrated about this emergency legislation one way or the other and I think the Minister must be the one to be frustrated here.

In view of the fact that the Electricity Bill was not circulated until this morning, I think we could agree to the request and adjourn the House until 5 p.m.

Was it not already suggested that we adjourn until 4.30 p.m.?

I understand it may be 5 o'clock by the time the Bill gets to us.

An Leas-Chathaoirleach

The other possibility is to adjourn formally until 4.30 p.m. and the House would then assemble as soon as the Bill was ready.

Progress reported; Committee to sit again.
Business suspended at 1 p.m. and resumed at 4.30 p.m.
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