Is that the section dealing with the payment of the contributions by employees where they have not been paid?
Committee on Finance. - Social Welfare Bill, 1971: Committee and Final Stages.
Sections 1 to 7, inclusive, agreed to.
SECTION 8.
Question proposed: "That section 8 stand part of the Bill."
Yes.
The Minister said in that connection that there may be some element of retrospection in it.
No. I had better explain again what I mean. This is remedying the shortcomings of employers, perhaps, for years back. To that extent it is retrospective.
Will there be any retrospection in so far as section 8 is concerned?
No.
I do not want to delay because I know the Minister wants to get the Bill through before 3 o'clock. The case I refer to is where a man paid his contributions and where the employer pocketed the contributions and where the State solicitor came in and eventually things were settled up between him and the sheriff's office that there were no means for seizure. Surely the Department should pay in a case like that. I do not want the Minister to go into a long explanation because I know he has not the time. The Minister mentioned that everybody should be prosecuted. That is the trouble in Ireland. People get away from prosecutions here. It would be lovely if everybody who was guilty of a misdemeanour were prosecuted. It would be better for all of us if no one was immune from the law. Whether the offence be small or big, let the offender be brought before the court. We know there are people who have immunity. It comes through political association, something I oppose. However, I do not want to delay the Minister. The Minister says there is no retrospection.
Perhaps I did not make myself clear. Say the Bill becomes operative from 1st August. If anybody is found from that day on to have defaulted in the payment of contributions, even though the default may have happened two years ago, the Bill still operates to the benefit of the employees, so that to that extent it is actually retrospective.
Question put and agreed to.
Sections 9 to 16, inclusive, agreed to.
Title agreed to.
Bill received for final consideration and passed.