Oireachtas Joint and Select Committees

Thursday, 31 January 2019

Joint Oireachtas Committee on Social Protection

Bogus Self-Employment: Discussion

Photo of Joan CollinsJoan Collins (Dublin South Central, Independent) | Oireachtas source

I thank the delegates for appearing before the committee. I think the first case of bogus self-employment was taken to the then Department of Social Welfare in 1993 by couriers and concerned the classification of their job; therefore, the issue has been in the ether for nearly 26 years. It moved across a cross-section of workers in the construction industry from 2000 onwards. The reason we are having this discussion is the committee wants to investigate how widespread bogus self-employment is in industry because we are told by the construction industry that there is no problem. We were told that the response to the advertisement last year was not significant and that it was not really an issue, yet we hear on the ground that it is a significant issue across the board. Where do the delegates see bogus self-employment and in what types of job? Have they taken many cases to the scope section of the Department. The major problem lies in the fact that while the scope section does actually make adjudications in favour of employees, people must take cases on an individual basis and cannot take them as part of a broad group. It is when it gets to the social welfare appeals office that things change. More often than not, that is where workers lose out and employers gain. We must carry out a really good investigation into this issue and produce a report stating things need to change. Legislation was proposed by Fianna Fáil and the last Bill we had before Christmas was mentioned, but we want to bring forward robust legislation with the support of the unions and, obviously, the Minister. Where did the delegates see bogus self-employment begin in their industries? In which areas is it prevalent? How many cases have they taken? What is their opinion on the scope section and the social welfare appeals office? That is why they are proposing that cases be taken out of the hands of the Department and given to the Workplace Relations Commission. Will they fill us in on the thinking behind that proposal?

I will leave it at that because many questions have been asked. I want to get deep down into the industry to see where bogus self-employment is occurring.

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