Joan Burton (Dublin West, Labour) | Oireachtas source

I thank the Deputies who have welcomed the sorting out of this difficulty finally for a group of people who are very important in Irish society. About 2,000 people are employed as retained firefighters. It is estimated that approximately 800 part-time firefighters are also in receipt of a jobseeker's payment. I am very grateful to a number of Deputies who approached me about specific cases shortly after I became Minister, including Deputies Michael McNamara and Aengus Ó Snodaigh. It took some time to find an approach that would work in the particular circumstances of the workers involved who carry out a vital public service for local communities. It is important to know that while we associate retained firefighters with rural areas, there are many part-time firemen on the fringes of urban areas. Retained firefighters are entitled to a jobseeker's payment for days on which they are engaged in firefighting or training. They are, however, required to satisfy the statutory conditions for the receipt of a jobseeker's payment of being available for and genuinely seeking work. Any person who fails to satisfy these conditions is not entitled to a jobseeker's payment.

Taking account of the unusual circumstances of retained fire personnel, a departmental working group was established to examine their position vis-à-vis jobseeker's benefit and jobseeker's allowance. The current practice of dealing with retained firefighters has its roots in an administrative decision apparently made in 1972 to disregard any day of firefighting or training when determining their entitlement to jobseeker's benefit or jobseeker's allowance. It is important to note that on foot of the work of the working group, I have advanced the position within the two jobseeker's schemes to cater for retained firefighters on a legislative basis. The Bill and associated regulations will advance the necessary legislative amendments to the jobseeker's scheme, thereby putting the current administrative treatment of retained firefighters on a statutory basis. The legislation will allow retained firefighters a reasonable and fair level of access to the schemes in the future. The revised arrangements will take effect from the commencement of the legislation and will not apply to previous disallowances made in respect of retained fire personnel. Generally, such disallowances were made having regard to the legislative provisions applying at the time of the decisions made. The legislative package will exempt retained firefighters from having to satisfy the substantial loss of employment, or sub-loss, rule under the jobseeker's benefit scheme. In addition, retained firefighters will be exempt from suffering the loss of a day's jobseeker's payment for every day of firefighting. This will mean that any day of employment as a firefighter will not reduce the individual's weekly jobseeker's entitlement other than by application of means under the jobseeker's allowance scheme. If people work five days as a firefighter, they may also have an entitlement to receive five days jobseeker's benefit. However, if they have other employment aside from firefighting, their jobseeker's entitlement will reduce by the number of days worked in their non-firefighting job.

The legislation also provides that when a retained firefighter is on call, for the purposes of jobseeker's benefit and jobseeker's allowance, this will not result in a disallowance on the grounds of non-availability. This was a major issue in different parts of the country. These legislative amendments, if commenced, will only apply to retained firefighters and will not apply to full-time firefighters. I am not in a position to accept the Deputy's proposed amendment.

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