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Dáil Éireann díospóireacht -
Wednesday, 15 May 1963

Vol. 202 No. 11

Committee on Finance. - Vote 49—Social Welfare (Resumed).

Debate resumed on the following motion:
"That the Estimate be referred back for reconsideration."—(Deputy O'Sullivan).

This Estimate can be said to have an effect on a fairly large number of people because many people find that the income that comes to them through this Estimate is their sole means of livelihood. There are just a few matters with which I should like to deal. One of the things I am interested in is the entitlement of Irishmen serving on British ships to workmen's compensation. The Minister will remember I asked a question about this fairly recently. It has been held by our courts that these men are not entitled to workmen's compensation under the Act. In the case I have in mind, the company made an ex gratia payment of the amount equal to the workmen's compensation, making it clear at the same time that there was no obligation on them, in their opinion, to do so. This is a matter which should not be left to the goodness of heart of employers.

I obtained a copy of a circular issued by the Minister's Department and it is made pretty clear and definite in that circular that such seamen are entitled to workmen's compensation. Would the Minister investigate the position and, in his wisdom, remedy that apparent defect? The court in Cork held that a seaman was not entitled to workmen's compensation. A remedy of the present defect would be in the interests of Irishmen who are compelled to seek a living outside this country and serve a Government, other than the Government of this State. We all know there is not sufficient work here. To all intents and purposes, these people are domiciled here. They pay their insurance and they should be fully covered for the minimum amount of workmen's compensation.

Another matter to which I should like to draw the Minister's attention is the long delay in dealing with appeals in the case of non-contributory old age pensions. I am quite well aware that there has to be some delay where the applicant puts forward a contrary view, or someone else does it on his behalf; in that case, the Minister's officers must investigate, and possibly investigate very fully, but the delay in many cases is very prolonged. It may be due to the fact that there are not enough deciding officers. Six months is too long a period when one remembers that most of these people are practically dependent upon the pension and, when they are expected to wait for anything from three to six months, they naturally feel aggrieved.

With regard to blind pensions, an applicant simply gets an old age pension form at the post office, which he duly fills in. I do not think there is anything on that form telling him that he must not only complete the form but submit medical evidence of his incapacity. Very often an application for a blind pension comes up in conjunction with a number of old age pension applications and the investigation officer's remark is: "No evidence of incapacity submitted". That is the first information an applicant has of what is required and on many an occasion, I have had to explain that such applicants must get a certificate of incapacity from the doctor appointed by the Minister under the particular section of the Act. Some explanatory note should be appended making applicants aware of what is required of them and how they should proceed when applying for benefit.

In a number of instances recently, I had occasion to write to the Minister's Department in connection with the cutting off of unemployment assistance from people who had been drawing benefit for quite a time. A day comes when they go along to the employment exchange to draw their benefit and are simply told their benefit has been stopped. Apparently no official document is issued to them to indicate why it is stopped. They are simply left in that situation until the question is raised by their trade union, by some local person representing their interests or by a Deputy through a Parliamentary Question or a letter to the Minister. Then it is found that allegations have been made to the employment exchange that these people are engaged in some type of employment.

Very often an anonymous letter to the employment exchange is accepted as justification for suspension of benefit. In one case with which I have dealt in the past four months, such an anonymous letter resulted in a married man being deprived of unemployment assistance on which he and his wife were totally dependent. It was discovered later that the person who wrote the anonymous letter to the employment exchange did not mean the man named in the letter but a man of a similar name who apparently he did believe was drawing unemployment assistance and was working. I do not believe the anonymous writer did it with any intention of saving Government funds but possibly because of some spleen between himself and the other person.

The point I am trying to make to the Minister is that a decision to suspend payment and take from a person what very often is the only thing between him and starvation should not be taken lightly. I have submitted to the Minister two cases, one just outside my constituency and one in my own town. During the past fortnight, two married people found when they went to the employment exchange that their unemployment assistance had been stopped and no reason given for it. That kind of arbitrary decision without any warning or explanation is a most unwholesome thing and I would ask the Minister to investigate the reasons for it.

If Deputy Tully were present this evening. I am quite sure he would raise the point I am about to mention, that is, the old complaint he has in connection with contributory old age pensions. Under the regulations made by the Minister—not under the Act— a person must have a certain minimum number of contributions within the ten years or the 15 years prior to his retiring, whichever is more to his advantage, but if he had a lifetime of stamps before that, he gets no value for them. That is unfair. There are many people who, if the period of time since they entered into insurable employment were taken into consideration, as provided in the Act, would qualify for a pension. It is a great hardship on these people that they cannot so qualify. There are not very many of them and the Minister, in fairness to the limited number who are left and who feel victimised in being deprived of what they believe to be their right and were told was their right, should grant this concession by changing that regulation. It would make them extremely happy without costing the Exchequer any great extra amount of money and even if it were granted, it would certainly be a dwindling amount of money going out because these people, in the normal course of things, will not live very long to enjoy it.

I have dealt with all the points in which I was particularly interested except to say to the Minister—and I am quite sure he is well aware of it— that our social welfare benefits are probably the lowest in Europe. As I said in some other debate, if we had gone into the EEC, we would have been forced to improve our social welfare standards. I know I cannot advocate legislation on an Estimate but I would suggest to the Minister that in view of the fact that our standards are so low compared with the rest of the European countries—and in many cases very much lower because the European countries have apparently decided that apart from wages, improved social welfare benefits are a good way to pay workers—the Minister should give as much leeway and freedom as possible in regard to receiving benefits of the limited types we have. Above all, I would urge the Minister to impress upon his officials who have responsibility for deciding claims for disablement benefit, claims for old age pensions, widows' pensions and the various other benefits that the people who apply for them are in the main practically depending on it and must otherwise resort to an application for home assistance to the relieving officer. It is deplorable that genuine cases can be held up so long because of red tape, which, if properly tackled, could be dealt with expeditiously. I would ask the Minister to impress upon his officials the need for speedy decisions which will do justice to the people and to the Department.

I want to confess in the beginning that I have no serious or broad criticism to level at the Minister or his Department but in any case it is a Department that does not lend itself to any broad criticism because, as Deputy Kyne has pointed out, it is one that deals with individuals, some few hundred thousand of them and it is with the administration of the Department from the point of view of these people that we are mainly concerned.

I should like to stress what Deputy Kyne has said in relation to every single person who must have recourse to the Department of Social Welfare —and I know I am interpreting Deputy Kyne's mind when I say this— that there is no other Department to compare with it for reasonably quick service and quick decisions. Deputy Kyne gave examples of the hardship that may ensue when people are neglected, not necessarily wilfully, among those who must have recourse to the Department of Social Welfare. If the Department of Local Government do not send out the £300 building grant for a week or two, it does not make much difference even though it is very important to the person seeking it. Similarly, in the case of the Department of Agriculture and in the case of a decision of the Department of Industry and Commerce in regard to starting a factory, a week's delay may not have such serious effect as delay in the payment of unemployment assistance or sickness benefit to the person who is waiting on the few pounds or the 32/6d. a week. I trust the Minister will try to make even more efficient the officers who are working on this in the Department.

I must commend the Minister for the action he took recently in respect of an individual, a young married man with one child, whose payment of unemployment assistance was delayed for weeks because his right to a qualification certification was not investigated in a reasonable time. I do not know if there was good reason for the delay but the Minister seems to think there was not and I should like to commend him for what he did. He deemed that man to be eligible for unemployment assistance from the date of his application for a certificate. Ordinarily, the man would have been entitled to benefit from the date of qualification only, not from the date of his application. We cannot stress too strongly the responsibility that is on the officers of the Department in dealing with the people dependent on 32/6 for sickness benefit or 32/6 for old age pensions or other allowances of that kind.

I do not want to be misunderstood. I do not allege or infer that the treatment I have referred to is widespread in the Department but even if there is only one who errs in that respect, the Minister should see that such a person is reprimanded and that delays in such cases will not recur. It is a very difficult task for the Minister and his top officials but I trust he will set himself to it.

I also wish to refer to the mistakes made in respect of sending out sickness benefit cheques especially. Deputies will freely admit that of all the approaches made to them, of all the letters they get, a very high—if not the highest—proportion is in respect of sickness benefit. I can appreciate the difficulties of those who deal with the matter and again I must say that any time I have had occasion to approach the Department on delay in sending out sickness benefit cheques as soon as the complaint is made—within hours— the difficulty is cleared up and we are able to give the good news to the unfortunate person who is waiting, that the cheque is more or less on its way. I appreciate how mistakes can occur and the difficulties that arise when an applicant puts in a wrong number or merely "P. Murphy" instead of Patrick Murphy and is mixed up with Peter Murphy or somebody else. An effort should be made to obviate these difficulties as quickly as possible.

We wondered for years, and I wondered during my time as Minister for Social Welfare, what happened to the Commission on Workmen's Compensation. Now we are wondering what happened to the report. Workmen's compensation is quite a complicated subject but it is not so formidable that its general examination and investigation would warrant eight years and then all we have is the report. It might be unfair to suggest that nobody seems to be concerned about the implementation of the report or certain parts of it—but it is about time the Minister asked the Government to shake up the Ministers concerned and get them to give their comments so that the Minister for Social Welfare may formulate proposals arising from the report of this pretty expensive Commission. So far as I know, they met quite frequently for long periods. It seems useless if after a period of eight years, there is no result. Some of the recommendations are good and some not so good, but at least we should have some ideas as a result in the form of legislative proposals.

The Minister has answered several questions on workmen's compensation and according to what he says his hands are somewhat tied or he is held up in any action he might take because other Departments have not reported. One very important aspect of it is that a very important section of the people are suffering because action has not been taken on the report. They are the people who have been injured by accident in their employment and who are still required to exist on £4 10s. a week as maximum workmen's compensation. There was an addition made recently, if not by the present Minister, by his predecessor. If they had sufficient children to qualify for more than £4 10s., if they were deemed to be sick, they got an addition to the £4 10s. That was a welcome concession but generally I think the Minister would be the first to admit that having regard to the change in money values over the past eight years, there is a very strong case for increasing the maximum certainly, and the percentages of wages to be paid in workmen's compensation.

Perhaps the Minister referred to this in his opening speech which, unfortunately, I was unable to be present for but I hope that he will, if he has not said so already, say in his concluding speech that he will bring in a measure to increase the maximum for workmen's compensation. He can certainly be assured by the Labour Party and by Fianna Fáil and Fine Gael that he will get the Bill within a matter of minutes. There are very important facets of workmen's compensation that need to be changed but the important thing for those on workmen's compensation is that there will be an increase in the money.

There has been in recent years a revision of the regulations and, of course, the amounts, for the purpose of assessing means to qualify for unemployment assistance, but the system still has all the appearance of the poor house. I had a letter in respect of a single man which is typical of the regulations being applied in respect of the means test for the purpose of unemployment assistance. The means of this man were said to include the board and lodging he got from his sister. I do not think we should assess as means what is tantamount to charity. It may be said that she is his sister and is bound to keep him; nevertheless, it is tantamount to charity. A man likes to be independent, even if he gets only £1 a week. This man is not so sick or disabled that he can draw a disabled person's maintenance allowance. He is a single man and he cannot, therefore, get home assistance. And now it seems the value of his board and lodging debars him from receiving unemployment assistance. I suggest that man is stripped of his dignity in that he has not the 22/- or 18/- he might get from unemployment assistance. The Minister ought to have a further look at the regulations governing the means test for the purpose of unemployment assistance.

The Minister made very good changes in the last legislation introduced which gave effect to the increases in last year's Budget. This year as well, he has an opportunity in the Budget proposals to give various increases. I trust that in conjunction with that legislation, he will contemplate other changes, changes that need not necessarily mean a lot of money. These changes would affect a relatively small number of people, but they certainly would be welcomed by Deputies and particularly by the people affected by them.

The Minister should give serious consideration to the application of the means test to people who work for themselves. Let me give as an example the fishermen on the Blackwater around Lismore, on the Slaney or around Waterford. These are seasonal fishermen who may or may not earn fairly good money, depending on their catches. Their means are assessed on what they earn during those six months of the year. That debars them from receiving unemployment assistance for the rest of the year. Because they work for themselves, they cannot get stamps to qualify for insurance benefit. They are nobody's children for about six months of the year.

The Minister should also give consideration to a section of the community I believe to be in a much more serious position: the task workers. I do not know whether task work is peculiar to certain parts of the country or not. It is a system whereby a farmer says: "How much will you charge for thinning that field of turnips or weeding that field?" They do work that can be measured in drills. They cannot get insurance stamps; neither can they get credits by reason of the fact they are not available for work. It means that in the long run they have to make application for unemployment assistance when they are not working. They have not the required number of stamps. They may not have the required number of credits for some reason or other and then they are debarred from receiving unemployment benefit. Of course, if I had my way I would advise them all not to take up this kind of work at all. Whether it is advantageous to them or not, I do not know.

In these times, when social welfare benefits are much more than they were when task work was established, the stamp is very important for these people. It will determine whether or not they get sickness benefit or unemployment benefit. It determines particularly their entitlement to old age pension or if the person died, the entitlement of his widow to a widow's contributory pension. I would therefore ask the Minister to consider the position of these people, which is a very difficult one. This is a situation which has existed down through the years but it is one which should be remedied because unemployment insurance stamps now mean so much to the ordinary wage earner.

I would certainly support Deputy Kyne's plea for getting rid of delays in investigation for the qualification certificate and appeals generally. I know there are only so many appeals officers in the Minister's Department and that it is pretty difficult for them to get around frequently even to the major centres during the year. I do not know what special qualifications or status they must have. But surely, if necessary, some other officers from the Department could be sent around to these places—places like Dungarvan, Waterford, Wexford and Galway. There is a list of people who want to put their appeals before the appeals officer and who have not an opportunity of doing so for a month, six weeks, or, in some cases—not frequently— two months.

Finally, perhaps the Minister will be kind enough to give me information on two points. First, could he tell me, as a follow-up to an answer he gave to a query in the House recently, the percentage relationship between the amount spent on social welfare and tax revenue this year, and what it is estimated it will be next year? Second, will he confirm in respect of the Social Insurance Fund that the contributions still are three-thirds—one from the employers, one from the employees and one from the State?

As Deputy Corish said, there has been no serious criticism of the Department of Social Welfare in this debate or in any debate I can remember since I became Minister. I am glad to add my tribute to the manner in which the Department deal with their work generally. I, as Minister, am very anxious that there should be created in the country generally a better image of the function of the officers of the Department. The function of the Department is to alleviate distress in so far as the Oireachtas feel able to provide for its alleviation. All the employees of the Department are employed for the purpose of administering the schemes introduced by the Oireachtas in the manner in which they were intended.

I have always sought to impress on the various officers of the Department that that is their main function. While the field officers in particular instances naturally devote a large part of their activities to seeing that these various payments are made only to those people to whom the Oireachtas intended they should be made, it is at least an equally important part of their functions to ensure that anybody who is entitled to these benefits gets them, and gets them expeditiously. Generally speaking, there are very few complaints in that regard. While there are occasionally criticisms, ill-informed criticisms, of the activities of social welfare officers, I think people who have experience, as Deputies have, of dealing with these matters realise these criticisms are unjustified.

As Deputy O'Sullivan said, lately at any rate, the House gets several opportunities of covering the ground with regard to the Department of Social Welfare. We have the annual Estimate and in this Government's time, we have also the opportunity at Budget time of discussing these matters because many of the provisions of Budgets presented by the present Government have related to improvements in payments under these schemes administered by my Department. Arising out of those Budget provisions, we have each year, practically, a Bill to amend the different social welfare schemes. This gives still another opportunity to Deputies to discuss all these schemes. So does the Supplementary Estimate for the Department, which is taken each year very close to the end of the financial year. I do not know whether I interpreted what Deputy O'Sullivan said correctly or not, but I understood him to say there appeared to be no indication of any effort being made by the Department to improve the services administered by it. In the past year or two, since I have been in charge of the Department, there have been indications, apart from the increases given in Budgets——

My remarks were confined to the Minister's statement today.

However, the fact is that quite apart from those increases —and I am glad that was not what Deputy O'Sullivan intended—a number of anomalies in the different schemes have been rectified. This was done in the social welfare schemes generally last year. In fact my Department are continuously on the look out for any further improvements that can be made. I have no doubt that when the amendment to the Social Welfare Bill is brought before the House this year, further minor adjustments will be made in the various schemes, aimed at eliminating marginal inequities. The Department are not merely concerned with administering the existing schemes efficiently, but are also continuously on the look out for inequities that may arise in one scheme or another and trying to find ways in which they can be improved. Deputy O'Sullivan stated that the Minister described the improvements made in the Budget as merely having the effect of abating tax increases in the Budget.

I meant the Minister for Finance.

If the Minister for Finance used the word "abate", I can only say it was not accurate. I showed in my contribution to the Budget debate that, far from merely abating the increases in the cost of living since the previous Budget, plus the maximum possible rise from the tax increases in the Budget, the improvements proposed will in fact effect a real improvement in the financial position of recipients of payments under every one of those schemes. That is so, whether they are single or married, with or without children.

Deputy O'Sullivan referred me to cases similar to one mentioned by the Leader of his Party some time ago— wives who have been deserted by their husbands and who have not heard from them for a number of years. As I indicated to Deputy Dillon at the time, I am prepared to examine on their merits any individual cases brought to my notice or to the notice of the Department, and if there are good grounds for believing that the man may be dead, then a decision to award a widow's pension may be taken. Such a decision has been taken on a number of occasions.

I do not know what Deputy Dillon and Deputy O'Sullivan want the Department to do. Do they want us actually to evolve some rule of thumb method of deciding that if a husband has not been heard from for a number of years, we automatically assume he is dead and that the wife should be considered a widow? That is a solution that could not be recommended for serious consideration. After all, since these are widows' pensions, it is reasonable to expect the applicant for a pension to submit some evidence of the attempts made to establish whether the husband is in fact dead. As I said, in cases where it can be shown that all reasonable inquiries have been made and that the indications seem to be that the person concerned is no longer alive, a decision may be taken to award a pension.

With regard to Deputy Kyne's question about Irish sailors serving on British ships who have in one particular case been declared not to be entitled to workmen's compensation, I thought Deputy Kyne would be aware of the position in that regard. There was a decision given by the circuit court to the effect that in a particular case a man was not entitled to workmen's compensation, and that decision was used by the shipowners as a precedent. The opinion in my Department is that as far as we can see this decision was made without anybody referring to the existence of reciprocal arrangements between this country and Great Britain. At the circuit court hearing, neither plaintiff's nor defendant's counsel appear to have directed the court's attention to those reciprocal arrangements and I understand an appeal is under consideration.

Progress reported; Committee to sit again.
The Dáil adjourned at 10.30 p.m. until 10.30 a.m. on Thursday, 16th May, 1963.
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