Kevin Humphreys (Labour) | Oireachtas source

I have a question on head 5. I understood that social welfare overpayments are always recouped over a period. The proposed change in head 5 is to provide the Minister with the power to further punish somebody convicted in our courts of social welfare fraud. If the change is passed, the provision will allow the Minister to cut a person's weekly social welfare payment by up to 25% for a period of nine weeks. I am concerned the measure moves the Department into the courts sector. If somebody is convicted in the courts the judge can hand down a punishment in the form of a fine or whatever. There is a proposal to add another tier whereby the Minister can add an additional punishment and the nine weeks do not count as a reduction in terms of an overpayment. I believe the measure means the Minister is moving into very dangerous territory. This has happened before but the initiative was struck down in the Supreme Court. Has the Attorney General been consulted about the proposal? In the Supreme Court case of Coxv.Ireland 1992 the proposal was put forward but it was struck down. We have a judicial system.

If head 5 is accepted the Minister will be granted a partially judicial role. In other words, in cases where the punishment handed down by a judge is deemed insufficient the Minister can increase the punishment by reducing social welfare payments by up to 25%. I believe the development is very dangerous. In fact, it may be constitutional and I know there are solicitors and lawyers are sitting around. The judgment of Cox v. Ireland 1992 has shown very clearly that the provision is unconstitutional. Has the Department talked to the Attorney General? Has the Department considered the Supreme Court judgment? Has the Minister pushed for the amendment? He cannot set himself up as a judge and impose a penalty. If the measure is accepted the Minister can deem a punishment handed down by a judge in the form of a penalty, prison sentence or fine not good enough and impose an additional fine that lasts nine weeks. I want to hear the logic and theory behind the proposal. I want to know whether the Attorney General has been consulted about the matter. Has the Supreme Court case of Coxv.Ireland been taken into consideration?