Imeachtaí An Roghchoiste
Proceedings of the Select Committee
Dé Máirt, 26 Márta, 1996
Tuesday, 26th March, 1996
1. The Committee met at 10.40 a.m.
2. Members Present.
The following Members were present:-
Deputy Séamus Pattison (in the Chair), the Minister for Social Welfare, Deputies Bernard J. Durkan
(Minister of State at the Department of Social Welfare)**, Theresa Ahearn, Dermot Ahern*, Noel Ahern*, Moosajee Bhamjee*, Paul Bradford, Declan Bree*, Frances Fitzgerald, Mary Flaherty, Chris Flood, Philip Hogan, Seán Kenny, Séamus Kirk*, Jimmy Leonard*, Kathleen Lynch, Dinny McGinley, Tom Moffat, Ted Nealon*, Eamon Ó Cuív*, Jim O’Keeffe*, Mary Wallace*, Joe Walsh and Michael J. Woods.
3. Social Welfare Bill, 1996
The Committee resumed consideration of the Bill.
(i) Section 17.
Question again proposed:-“That the section stand part of the Bill”.
Debate ensued.
Further consideration of the Bill adjourned.
4. Meeting Suspended.
Ordered: That the Meeting be now suspended until 2 p.m.
The Meeting was accordingly suspended at 11 a.m.
The Meeting was resumed at 2.10 p.m.
5. Consideration of Bill.
The Committee resumed consideration of the Bill.
(i) Sections 17 to 23, inclusive, agreed to.
(ii) Section 24.
Question proposed:-“That the section stand part of the Bill”.
Debate ensued.
Further consideration of the Bill adjourned.
6. Meeting Suspended.
Ordered: That the Meeting be now suspended until 4.20 p.m.
The Meeting was accordingly suspended at 4 p.m.
The Meeting was resumed at 4.25 p.m.
7. Consideration of Bill.
The Committee resumed consideration of the Bill.
(i) Sections 24 to 43, inclusive, agreed to.
(ii) New sections.
Amendment proposed (Deputy Joe Walsh):
“In page 36, before section 44, but in Part IX, to insert the following new section:
‘PART X
Charter of Rights. |
44.—(1) The Minister shall, following consultation with representative bodies, including representatives of claimants, establish a “Charter of Rights” for claimants.
(2) Without prejudice to the generality of the foregoing, the Charter of Rights shall contain provisions in relation to—
(a)the right to have all personal dealings conducted in a manner and place which is conducive to privacy and is easily accessible;
(b)the right to be treated with courtesy and respect;
(c)the right to be presumed honest;
(d)the right to full access to services and fair treatment irrespective of political, religious, cultural or sexual orientation;
(e)the right to confidentiality and to have access to all relevant information contained on his or her computer file;
(f)the right to an explicit and transparent system for making complaints and the right to a speedy response to such complaints;
(g)the right to an oral hearing in the event of an appeal;
(h)the right to full and total information including eligibility criteria at the time of application;
(i)the right to be advised within a period of not more than four working days of the lodgement of an application within the meaning of this section, to be advised of the identity of the person empowered with the task of determining the application.’.”
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Question:-“That the new section be there inserted”-put:
The Committee divided: For, 7; Against, 12.
For:-Deputies Dermot Ahern, Noel Ahern, Séamus Kirk, Jimmy Leonard, Eamon Ó Cuív, Joe Walsh and Michael J. Woods.
Against:-Deputies Moosajee Bhamjee, Paul Bradford, Declan Bree, Proinsias De Rossa, Mary Flaherty, Philip Hogan, Seán Kenny, Kathleen Lynch, Dinny McGinley, Ted Nealon, Jim O’Keeffe and Séamus Pattison.
The Question was declared negatived accordingly.
Amendment proposed (Deputy Joe Walsh):
“In page 36, before section 44, but in Part IX, to insert the following new section:
‘Publication of guidelines. |
45.—All general guidelines issued by the Minister in relation to the operation of the social welfare system shall be published.’.”
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Question:-“That the new section be there inserted”
put, and decided in the negative.
Amendment proposed (Deputy Joe Walsh):
“In page 36, before section 44, but in Part IX, to insert the following new section:
‘Reasons for decisions. |
46.—Whenever a Deciding Officer decides to refuse a person a benefit, assistance or allowance or part thereof, he or she shall forward to the said person within four working days of such decision a comprehensive statement in writing of the grounds of such refusal and the facts relied on in the decision and such statement shall include the following information:
(a)the right of appeal to an Appeals Officer;
(b)the procedures of an Appeals Officer and the means of lodging an appeal;
(c)the right to have an appeal determined within two months of lodgement; and
(d)the right to be advised within a period of four working days of lodging an appeal within the meaning of this section, to be advised of the identity of the person empowered with the task of determining the appeal.’.”
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Question:-“That the new section be there inserted”
put, and decided in the negative.
Amendment proposed (Deputy Joe Walsh):
“In page 36, before section 44, but in Part IX, to insert the following new section:
‘Reasons for appeal decisions. |
47.—Whenever an Appeals Officer decides to refuse a person a benefit, assistance or allowance or part thereof, he or she shall forward to the said person within four working days of such decision a comprehensive statement in writing of the grounds of such refusal and the facts relied on in the decision and such statement shall include the following information:
(a)the right to have the decision reviewed in the light of new evidence or new facts in accordance with section 262 of the Principal Act;
(b)the right to have the decision reviewed by the Chief Appeals Officer in accordance with section 263 of the Principal Act; and
(c)the right of appeal to the High Court in accordance with section 271 of the Principal Act.’.”
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Question:-“That the new section be there inserted”
put, and decided in the negative.
Amendment proposed (Deputy Joe Walsh):
“In page 36, before section 44, but in Part IX, to insert the following new section:
‘Claimant Service Advisory Groups. |
48.—(1) The Minister shall establish claimant service advisory groups at appropriate intervals in consultation with the social partners and organisations representing claimants.
(2) These groups shall enable representatives of claimants and providers of social welfare services to exchange views on the quality of service delivery.’.”
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Question:-“That the new section be there inserted”
put, and decided in the negative).
Amendment proposed (Deputy Joe Walsh):
“In page 36, before section 44, but in Part IX, to insert the following new section:
‘Social Welfare Advisory Council. |
49.—The Minister shall establish a permanent Social Welfare Advisory Council representative of contributors, beneficiaries and administrators.
The Council should publish an annual report.’.”
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Question:-“That the new section be there inserted”
put, and decided in the negative.
(iii) Section 44.
Amendment proposed (Deputy Joe Walsh):
“In page 36, line 8, after ‘6 months’ to insert ‘in total’.”
Amendment, by leave, withdrawn.
Section agreed to.
(iv) Sections 45 and 46 agreed to.
(v) Schedules A to I, inclusive, agreed to.
(vi) Title agreed to.
8. Report of Committee.
The Chairman brought forward a Draft Report which was read as follows:-
“The Select Committee on Social Affairs has considered the Social Welfare Bill, 1996 and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”
Draft Report agreed to.
Ordered: To report accordingly.
9. Adjournment.
The Committee adjourned at 7.15 p.m. until 11 a.m.
on Thursday, 28th March, 1996.
** Pursuant to paragraph (3) of the Orders of Reference of the Select Committee, Deputy Bernard J. Durkan (Minister of State at the Department of Social Welfare) substituted for the Minister for Social Welfare.
* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Moosajee Bhamjee, Declan Bree, Séamus Kirk and Eamon Ó Cuív substituted for Deputies Jim Kemmy, Joe Costello, Máire Geoghegan-Quinn and Matt Brennan respectively; Deputies Jimmy Leonard and Mary Wallace substituted alternately for Deputy Séamus Hughes and Deputies Dermot Ahern, Noel Ahern, Ted Nealon and Jim O’Keeffe substituted for Deputies Tom Moffat, Chris Flood, Theresa Ahearn and Frances Fitzgerald respectively (for part of the meeting).
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