Willie O'Dea (Limerick City, Fianna Fail) | Oireachtas source

There is no suggestion from this side of the House that the Department should not pursue situations where it has paid money out incorrectly. Of course, it has a responsibility to recover overpayments. We are simply making the point that sometimes such overpayments are not the fault of the payee. Sometimes such payments arise because those recipients made a genuine error in their application and often they happen because the Department has made an error.

The Minister makes the point that, in relation to attachment orders, every effort has been made to recover the money before the attachment order is issued. That is not absolutely correct. Attachment orders have issued in certain cases where there was little enough communication between the debtor and the creditor in advance. In any case, the attachment order procedure here does not apply in relation to social welfare and the point holds, certainly, for social welfare overpayments.

The Minister has stated that the Department intends to be measured in this matter. I accept it is her intention that the Department be measured, be restrained and exercise reasonable discretion in these type of cases. All I suggest - I am not in favour of making legislation too long and complex - is if such is her intention, she should state that in the Bill. It will not add much to the Bill, at most a couple of lines. If that is her intention, she should say it so that all deciding officers will know that they have an obligation to be measured, restrained and reasonable in the operation of this new power.

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