asked the Minister for Industry and Commerce whether he is aware that persons are debarred from having legal assistance at the Court of Referees when appeals are being heard by that body as a result of claims being disallowed by the labour exchange authorities, in most cases on the grounds of "not genuinely seeking work," and if he will, in order to assist the applicants, see that free legal assistance is available for them.
Ceisteanna—Questions. Oral Answers. - Court of Referees Procedure.
Courts of Referees are constituted under the powers conferred by Section 13 of the Unemployment Insurance Act, 1920, and the Regulations (Statutory Rules and Orders, 1921, No. 594) made thereunder. These regulations provide, inter-alia, that “the claimant may be represented at the sitting of the court by any person, not being counsel or solicitor, authorised by him.” These courts, so constituted, were adopted by Section 21 of the Unemployment Assistance Act, 1933, for the purpose of that Act. Courts of Referees consist of one or more members chosen to represent employers with an equal number of persons chosen to represent workers, together with an independent chairman who, in almost every case, is a lawyer. It will, therefore, be seen that claimants' interests are adequately safeguarded. Moreover the functions of these courts are to consider and to make recommendations to an insurance officer or an unemployment assistance officer, as the case may be, on the cases referred to them. They do not make binding decisions. I do not consider that any further legal assistance is necessary and do not propose to provide it.
Arising out of the Minister's reply, will he permit an outside authority to provide legal assistance for claimants? Is the Minister not aware that, even to-day, there is much protest in our city against the methods adopted to disqualify claimants on the grounds that they are not genuinely seeking work, and is he aware that they want somebody to give a judgment on what is meant by "not genuinely seeking work"? Cases have been brought to the notice of every member of this House, where applicants have applied to a dozen employers in one week and have then been told by the board that they are not genuinely seeking work, and have been disqualified from benefits. Does the Minister not see his way to provide free legal assistance or to allow somebody else to provide it?
As I have said, these cases are determined by the unemployment assistance officer in the first instance, and then, if the applicant decides to appeal against the decision, the appeal is heard by the Court of Referees.
Who represents the appellant?
The claimant may be represented at the sitting of the court by any person, not being counsel or solicitor, authorised by him. The court of referees consists of a lawyer, as chairman, together with an equal number of employers' and workers' representatives, and I am quite satisfied that these courts determine each case in accordance with the facts.
Could the Minister give any indication as to what method is adopted in finding out the facts in connection with the applications?
That is entirely a matter for the Court of Referees. The court takes all the facts into account and arrives at its decisions, and these decisions are much more frequently in favour of the applicants than otherwise.