Barry Cowen (Laois-Offaly, Fianna Fail)

I support Deputy Ó Snodaigh's amendment. Whether intentionally or not, section 18 implies all overpayments are due to fraud. That is not always the case. The amendment's proposal to insert the term "conscious fraud" is worthwhile. FLAC has made a submission to us about this section, going so far as to say the section "should be deleted as it has the potential to impose a punishment tantamount to a fine on the basis of a decision by a deciding officer rather than by due judicial process". This amendment would overcome this problem.

For example, a person on a lone-parent allowance may not have intentionally given misleading information for a claim while, at the same time, being eligible for family income supplement. The difference between the two should be the amount repaid rather than the entire payment. I hope the Minister takes on board this well-meant amendment which addresses an issue which could be divisive and dangerous.

See this speech in context