Do the new regulatory powers under which employers, contractors and subcontractors will be required to maintain certain records of employees and subcontractors extend to all employers, contractors and subcontractors in the State or do they apply to specific groups?
SECTION 11
Question proposed: "That section 11 stand part of the Bill".
It extends to all groups, but it will first be implemented in the building and construction industry.
In theory, it can be extended to all of them?
Yes.
I know the Minister is pressed for time, but I presume this could be an important anti-fraud measure. It is clearly the Minister's intention that this would be available for all areas of work, but he intends to start with the building and construction industries.
That is correct. As Deputy Flaherty will know, we have brought in many measures in recent years, and this is a further tightening up.
Has the Minister any idea of the time scale for extending it beyond the building and construction industries?
It depends on the experience with it and the progress made.
Question put and agreed to.
NEW SECTION.
I move amendment No. 14:
In page 8, after line 8, to insert the following new section:
15.—The Pensions Act, 1990, is hereby amended by the substitution for section 62 of the following section:
62.—(1) The Minister shall provide by regulations, in respect of schemes having not less than a specified number of members, that the members of any such scheme may select, or approve of the selection by the employer concerned, of a person or a specified number of persons who shall be appointed to be a trustee or trustees of the scheme (or who shall be retained as such trustee or trustees, as the case may be).
(2) Regulations under this section—
(a) shall determine the circumstances in which a person, or category of persons, who, having been admitted to membership of the scheme and remaining entitled to any benefit under the scheme, is or are to be regarded for the purpose of this section as being a member or members of the scheme.
(b) may specify the manner in which the selection, or the approval of the selection by the employer concerned, of a person or persons for appointment or retention as a trustee or trustees by members of schemes, for the purpose of subsection (1), shall be made, and
(c) may make such other provision as the Minister considers necessary or expedient for the purpose of this section and for enabling it to have full effect.
Amendment agreed to.
TITLE.
I move amendment No. 15:
In page 2, line 6, after "1993," to insert "TO AMEND AND EXTEND THE PENSIONS ACT, 1990".
I give notice, so that I will be in order on Report Stage in coming back to these points, that I will be raising the problem that could arise if the Common Fisheries Policy insists on a compulsory tying up of boats for a number of weeks of the year to preserve fish stocks and on how that will impact on share fishermen's entitlement to unemployment benefit if it is limited to 13 weeks. Any deal or agreement under the Common Fisheries Policy must have compensation to pay extra unemployment benefit to the fisherman if they are compulsorily tied up over and above the 13 weeks that the Minister is providing for them.
In relation to social welfare entitlements to share fishermen, how will they be treated under the social welfare code if their boats are decommissioned under either decommissioning grants or the Common Fisheries Policy? A 13-week limit will not suffice in that case. If we agree to European policy, we need to look at the Minister's welcome social welfare provisions in the light of the impact of the Common Fisheries Policy. The UK fishermen, for £7.50 a week, get the full equivalent of class A1 rate. Maybe the Minister could extend his generosity a little further on Report Stage in terms of giving an equivalent amount for our fishermen in the same position.
Self employed people trying to claim unemployment assistance have a particular difficulty because their entitlement is based on their certified income of the previous year. I want to see a new basis for share fishermen — who are really employees getting a wage, they have no control over what they are getting or when and how they work — in assessing their eligibility for unemployment assistance after the 13 or 20 week or whatever period is agreed to. If it is assessed a week in arrears, they could have a good year and a good percentage of the catch and then a bad year and be on unemployment benefit for 13 months and be ineligible for unemployment assistance.
I will try to simplify it.
Could we return to this matter on Report Stage?
Yes.
Amendment agreed to.
Title agreed to.
Report of Select Committee.
I propose the following draft report:
The Select Committee has considered the Bill and has made amendments thereto and has amended the Title to read as follows: An Act to amend and extend the Social Welfare (Consolidation) Act, 1993, to amend and extend the Pensions Act, 1990 and to provide for connected matters. The Bill, as amended, is reported to the Dáil.
Is that agreed?
Report agreed to.
Ordered to report to the Dáil accordingly.
The Select Committee adjourned at 12.55 p.m.