Written Answers. - Equality Payments.
Michael Bell
Ceist:
42
Mr. Bell
asked the
Minister for Social Welfare
if women who have made application for equality payments will be notified directly of their entitlement; if they will be given a detailed break-down of the calculation of their full entitlement; in view of the fact they were paid their first payment due in 1995, if they will be advised of the amount outstanding; when further payment will be made; and the amount of such payments.
[10445/95]
Michael Bell
Ceist:
62
Mr. Bell
asked the
Minister for Social Welfare
his views on whether payments due to the legal profession representing women who have claimed equality payments should be made by his Department; the level of those fees as agreed on the advice of the Attorney General; his further views on whether the fees due to the legal profession is a matter between the legal profession and his Department; his further views on whether there should be a charge to any woman making an application through a solicitor or barrister in relation to a claim for equality payment over and above the fees which will be paid by his Department; his further views on whether payment should be made direct to the women indicating the level of payment and the method of calculation.
[10546/95]
Michael Bell
Ceist:
149
Mr. Bell
asked the
Minister for Social Welfare
the plans, if any, he has to make lower equality payments to women who have made direct application to his Department or who have processed their claim through resource centres, voluntary agencies or Members of Dáil Éireann as against those women who have engaged a legal representative; if he is empowered by the terms of a judgment (details supplied) given in the High Court to make these payments; and if he will make a statement on the matter.
[10551/95]
Michael Bell
Ceist:
150
Mr. Bell
asked the
Minister for Social Welfare
the level of payment to the legal profession which has been decided for the processing of each claim for women's equality payments; and if he will make a statement on the matter.
[10552/95]
Michael Bell
Ceist:
151
Mr. Bell
asked the
Minister for Social Welfare
the plans, if any, he has to make lesser equality arrears payments to women who applied directly to his Department or through Members of the Oireachtas than to women who engaged the services of any member of the legal profession or to any voluntary agency such as resource centres for the unemployed.
[10553/95]
Michael Bell
Ceist:
152
Mr. Bell
asked the
Minister for Social Welfare
if women who are claiming equality payments and who have processed their case through a solicitor or barrister will be paid more than a woman who has made direct application to his Department or has processed her application through a Member of the Oireachtas; and if he will make a statement on the matter.
[10554/95]
Michael Bell
Ceist:
153
Mr. Bell
asked the
Minister for Social Welfare
when equality payments will commence; the method by which payments will be made; if they will be made on a first come first served basis or dealt with on an alphabetical basis, the criteria used in relation to the payment of the women dealt with by FLAC; the preference, if any, which will be given to women who have processed their cases through solicitors or barristers; the preference, if any, which will be given to that category of applicant as against those who have been processed through Members of the Oireachtas or women who have made an application direct to his Department; his views on whether all women should be treated equally in relation to their applications; his further views on whether women should be advised of their entitlement and the method of calculation; his further views on whether they should be paid directly from his Department if they have indicated their preference in this regard; and if he will make a statement on the matter.
[10555/95]
I propose to take Questions Nos. 42, 62, 149, 150, 151, 152 and 153 together.
In keeping with the commitment contained in the programme, A Government of Renewal, to pay married women their legally determined entitlements to social welfare equality payments, the Government decided that the necessary arrangements should be put in place to give full effect to the judgment of the High Court of 3 February 1995.
Under these arrangements, married women affected by the delay in implementing Directive 79/7 will be entitled, in respect of the period of delay, to receive:— an increase in their weekly payments at that time for their husband as an adult dependant and full rate increases for any child dependants; unemployment assistance subject to the conditions applied to married men in the period of delay: and weekly transitional payments which married men in the same circumstances received for the period not covered by the six year period of limitation laid down in the Statute of Limitations. In the case of married women who have taken proceedings, the period involved will be six years prior to the date on which the proceedings were initiated. In order to ensure that married women who have not initiated proceedings prior to the court judgment are treated fairly, I decided to deem all such women to have made a claim with effect from the date on which the legal entitlements were determined by the High Court, that is, 3 February 1995.
The overall cost of giving full effect to the decision of the High Court is estimated at £260 million of which £200 million will be paid by the end of this year. All married women will receive a payment on account in August 1995. These payments will consist of the adult dependant allowance for the period December, 1984 to May, 1986; payments in respect of child dependant allowances for the period December 1984 to November 1986 and compensation based on inflation on the payment on account and on amounts already paid under the 1992 retrospective legislation. Any remaining entitlements in respect of the adult dependant allowance, child dependant allowance or unemployment assistance will be paid from September 1995 to September 1996. Entitlement in respect of transitional payments will be processed immediately thereafter.
Payments will be made directly to married women who have not taken proceedings in accordance with the arrangements which I have outlined. At the same time, they will be provided with details of the make-up of the payments on account and any additional information they may require will be provided by my Department.
Determining the entitlements of married women affected by the delay involves very complex and detailed calculations in almost 70,000 cases. Consequently, it will not be possible, when the initial payment on account is made, to supply details of any additional amounts which may be outstanding or to advise the precise time when such payments will be made.
In the light of the arrangements which I have introduced, discussions are currently taking place with the legal representatives of married women who have initiated proceedings with a view to settling these proceedings on the basis of the decision of the High Court.
In accordance with the standard practice in all litigation, the proposed settlements will provide for the taxation of all legal costs before the Taxing Master of the High Court in default of agreement between the solicitors for the plaintiffs and the Chief State Solicitor. Consequently, the amount of the fees payable are, in the first instance, a matter for the assessment of the Taxing Master unless agreement is reached. In accordance with normal accounting procedures approved by the Department of Finance, the legal costs involved are payable by my Department. The question of whether the plaintiffs will be charged additional fees will be determined by the nature of whatever legally binding agreement they may have entered into with their solicitors.
In keeping with normal practice, discussions concerning the possible settlement of proceedings must take place with the legal representatives of the married women involved and, in cases where a settlement is agreed, details of the entitlements of the plaintiffs involved will be provided to their legal representatives so that they can be checked against their client's instructions. However, following on the implementation of any settlement agreed, any additional information required by the married women involved in relation to their entitlements will be provided by my Department.
It is necessary that priority be given to the processing of the entitlements of married women who have initiated proceedings prior to 12 March, 1995 when I announced that the necessary arrangements were being put in place to give full effect to the court's decision, following the Government's decision not to pursue an appeal. For example, 27 cases involving some 4,400 plaintiffs were listed for hearing in the High Court on 1 June 1995. Under the provisions of any agreement being finalised with the legal representatives of the married women involved, these claims will be processed in full within the next few weeks. It is proposed that the entitlements of the remaining 11,000 married women who have initiated proceedings prior to 12 March, 1995 will be processed in the order in which the proceedings have been certified, or the order in which they were initiated, where the proceedings have not been certified. In view of the number of claims involved and the detailed and complex calculations required, this task will not be completed until the earlier part of 1996. All of the married women involved will receive a payment on account by August next however, on the same basis as payments being made to married women generally.
The issue of payments on account to all married women in August next has very significant administrative implications for my Department which involve the assignment and training of staff to the special equal treatment unit which I have established and the development of new computer systems. Once these payments on account are made, every effort will be made by my Department to process the remaining entitlements as quickly as possible.
I have yet to decide on the sequence in which the remaining entitlements of individual claimants will be processed but one option would be to give priority to those married women who, by virtue of the duration of their claims, are known to have higher entitlements.
The campaign to obtain the equality payments for married women affected by the delay in implementing the 1979 Equal Treatment Directive has been ongoing for almost 10 years now. It was in this context that the Government gave a commitment in the programme,A Government of Renewal, to pay the legally determined entitlements of married women to the equality payments. The arrangements which I have introduced give full effect to the decision of the High Court and will ensure that the bulk of the arrears due, some £200 million of the overall estimated costs of £260 million, will be paid by the end of this year, well within the time scale provided for in the programme for Government.
