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Seanad Éireann díospóireacht -
Tuesday, 4 Apr 1995

Vol. 142 No. 13

Social Welfare Bill, 1995: Report and Final Stages.

Acting Chairman

Amendment No. 1 is out of order as it involves a potential charge on the Revenue.

Amendment No. 1 not moved.

May I make a brief comment on the amendment although it has not been accepted? Unfortunately, the reason for the non-acceptance of this amendment confirms, in my mind, that the Minister has no intention of paying this pension this year.

That is unfair.

No, it is not unfair, because no provision is made in the Exchequer to pay it. My amendment has not been accepted because it involves a potential charge upon the public revenue, but if provision had been made in the Estimates for the Department of Social Welfare to pay this, it could have been accepted. There is obviously no provision to pay it this year.

We know that that is going to happen.

So those families who were looking forward to being paid adoptive leave will not be paid next year? That is the reason there is no date in the Bill. It is a disgrace.

It is a shame, a disgrace.

I cannot believe that is the way the Minister for Social Welfare is approaching one section of society. I tabled this amendment because I had fears. Every other payment is dated and notated in section 3, but this one is not. The Minister said it would be done by way of regulation, but there would still need to be provision in the Estimates to pay it if it is to be done by regulation during the current financial year. Therefore, I can only glean from this that people who are expecting receipt of adoptive leave benefit will not get it despite the fact that that Bill was initiated in this House almost three years ago.

As a signatory to the amendment, I am also disappointed. Implementing legislation is all very fine, but we have to give financial effect to it. When does the Minister envisage that financial measures will be taken to put into effect what has already been discussed in legislation that went through this House a long time ago? Our fears have been confirmed by the fact that this amendment has been ruled out of order as a potential charge on the public revenue. It should have been included in the Bill in the first place. I would like to have heard a firm commitment, but unfortunately it is too late. The Social Welfare Bill will be passed with the support of certain Senators who spoke out loudly against it last year. The Bill fails to provide finance for legislation that we all welcomed in the House.

As I said on Committee Stage, the new adoptive benefits scheme will be brought into operation within days of the passage of the Bill. I am sorry to note that Senators have expressed disappointment. I do not know what they could be disappointed about.

Where is the money?

Are they disappointed by the proposal? If they are, it could be based on a misapprehension or a presumption.

A contribution was given to some people.

As Senators will know, it is not good in legislative assemblies to base too much on presumption, because one can never presume that one is correct at the time. Accepting this amendment would in fact delay the introduction date and further exacerbate the problem which the Senator is attempting to address.

With respect to the Senator, I cannot accept this amendment. It would not be beneficial to the people about whom concern has been expressed and consequently would simply not be in their interests. The provision will be made by way of regulations, as has often been the case in the past.

Acting Chairman

I cannot allow a debate on this amendment because it is out of order.

Question, "That the Bill be received for final consideration", put and agreed to.
Question put: "That the Bill do now pass."
The Seanad divided: Tá, 19; Níl, 16.

  • Belton, Louis J.
  • Burke, Paddy.
  • Calnan, Michael.
  • Cosgrave, Liam.
  • Cotter, Bill.
  • Cregan, Denis (Dino).
  • D'Arcy, Michael.
  • Doyle, Joe.
  • Enright, Thomas W.
  • Gallagher, Ann.
  • Howard, Michael.
  • Kelly, Mary.
  • McDonagh, Jarlath.
  • Magner, Pat.
  • Maloney, Sean.
  • Neville, Daniel.
  • Reynolds, Gerry.
  • Sherlock, Joe.
  • Taylor-Quinn, Madeleine.

Níl

  • Bohan, Eddie.
  • Byrne, Seán.
  • Daly, Brendan.
  • Farrell, Willie.
  • Finneran, Michael.
  • Honan, Cathy.
  • Kelleher, Billy.
  • Kiely, Dan.
  • Kiely, Rory.
  • Lydon, Don.
  • McGennis, Marian.
  • Mulcahy, Michael.
  • Mullooly, Brian.
  • O'Brien, Francis.
  • O'Kennedy, Michael.
  • Ormonde, Ann.
Tellers: Tá, Senators Cosgrave and Magner; Níl, Senators Mullooly and Finneran.
Question declared carried.
Barr
Roinn