Michael McNamara (Clare, Labour)
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I wish to bring to the attention of the House anomaly in the social welfare code regarding the entitlement of retained firefighters to jobseeker's allowance which is affecting many of them across the country and in my constituency, Clare. Clare has 77 retained firefighters based at Ennis, Shannon, Scarriff, Ennistymon, Kilkee, Killaloe, and Kilrush fire stations. There is only one full-time firefighter in the whole of the county.

A retained firefighter will be paid €8,000 per year, a remuneration that everyone will accept could not support a family. The number of call-outs has also reduced significantly, so a supplementary amount the firefighters earned for call-outs is considerably down too.

In better times, most of the retained firefighters had other employment locally. In the current economic climate, however, unemployment is high and local jobs are not as easily available. One condition of jobseeker's allowance, or dole as it is commonly called, is that recipients are available for work. When firefighters are on call, they must be within 2 km of their fire station, however. Deciding officers from the Department of Social Protection have concluded these firefighters are placing unreasonable restrictions on their availability to work, therefore not entitling them to jobseeker's allowance. It is also somewhat unfair as there are not many jobs available in many of the surrounding areas in question.

Up to a quarter of retained firefighters in Clare were getting jobseeker's allowance. Some have been informed they are entitled to it; others, that they are not. As they may not be called out 19.5 hours a week, they do not qualify for family income supplement. If they leave the fire service, they will not be entitled to other social welfare payments because they voluntarily left work.

More importantly, if they left the fire service, where would that leave an essential community service? These men and women who put their lives on the line to provide a service to our communities are essentially being penalised by the social welfare code. This is an obvious anomaly and contrary to what the Government wants to achieve in making it attractive to work and provide a service to one's community. This anomaly needs to be addressed.

James Reilly (Dublin North, Fine Gael)
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I am taking this matter on behalf of the Minister for Social Protection, Deputy Burton.

Social welfare legislation provides that a person must satisfy the conditions of being available for and genuinely seeking work to be entitled to a jobseeker's payment. Any person who fails to satisfy these conditions on an ongoing basis is not entitled to such payment. Unlike other jobseekers who must sign off the live register on any day on which they find work, part-time firefighters are paid a jobseeker's payment in respect of days that they are engaged in fire-fighting or training. They are, however, required to satisfy the statutory conditions for the receipt of a jobseekers payment, that is they must continue to be available for and genuinely seeking work. In this respect, departmental deciding officers do not treat them differently to any other jobseeker.

In applying the legislation, deciding officers have regard to the availability of job vacancies in the locality, the age and educational qualifications together with the family circumstances of the particular claimant. The legislation does not impose any restriction or limitation on the right of a person to the opportunity to engage in the employment of his or her choice. Where a person is seeking work in his or her usual employment and there is a reasonable prospect of securing work of that nature, he or she would normally satisfy the conditions for receipt of payment.

However, if there is no work available locally, the jobseeker must seek employment in the surrounding areas. It may be necessary also to extend their availability to different categories of employment rather than confine their availability to a particular type of work.

After a period of unemployment, a person must be prepared to accept any employment for which he or she is qualified. It is a principle of the availability for work condition that a person's unemployment must be involuntary. It is not possible for an unemployed person to hold herself or himself available exclusively for employment that is in a restricted distance from a fire station where he or she is employed as a part-time firefighter. Such action would be taken as placing an unreasonable restriction on his or her availability to secure full-time employment.

A person may be regarded as not being available for work if he or she imposes unreasonable restrictions on the nature of the employment, the hours of work, the rate of pay, the duration of the employment, the location of the employment and other conditions of employment which he or she is prepared to accept. A deciding officer may impose a disallowance in a case where a person refuses an offer of suitable employment or where he or she imposes unreasonable restrictions on the location of the employment he or she is prepared to accept.

Issues relating to the eligibility of firefighters for jobseeker's payments have been raised with the Department on several occasions over the years. Taking account of the unusual circumstances of these workers and general efforts to develop and standardise our jobseeker schemes, a group has been established in the Department to examine the position of firefighters. It will be reporting to the Minister over the coming period. She will keep relevant Deputies informed as this issue is progressed and would welcome any suggestions they may have.

Key to the Minister's considerations will be recognition of the valuable service which this group of workers provide to their local communities. However, it is also important that the integrity of the jobseeker schemes be maintained.

Michael McNamara (Clare, Labour)
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I welcome the announcement that the position of retained firefighters on jobseeker's allowance is being considered. If declining employment that is beyond a certain distance of a fire station is considered unreasonable, the whole rural fire service becomes untenable. It relies on men and women being available within 2 km of their fire station when on call. We have a choice of leaving the social welfare code as it is and abandoning essential rural fire services. To professionalise all rural services would be an expensive step for the State given the paucity of call-outs, however. Having a full-time fire service in every small town would be prohibitively expensive. Accordingly, the alternative would be a change to the social welfare code which is necessary in these circumstances.

James Reilly (Dublin North, Fine Gael)
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I am pleased the Deputy welcomes the progress in this area through the establishment of a working group to resolve the matter. I want to put on record my appreciation of the brave men and women who perform this essential service for our rural communities and who often lay their lives on the line in doing so. It is in all our interests that this is examined closely for a resolution to be found to the satisfaction of all and one which does not compromise the jobseeker scheme or the fire service.