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Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: I thank the committee for the invitation to come here to discuss the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020. This is my first appearance before the committee and I want to take the opportunity to congratulate the Chairman on his appointment and to say that I look forward to working with him and all the members in the time ahead in my...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: I thank the Deputy for the question. This legislation is to ensure that the status quoremains and that everything happening between Ireland and the UK will continue to happen after Brexit. That is the most important aspect. What we are dealing with now is the back end of the work to ensure that people on the ground can continue to receive their payments and benefits seamlessly. That is...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: That is a good idea, and we could make those entitlements better known, perhaps through this committee or perhaps via the Deputy's own endeavours. I will find out the number of agreements. My official thinks it is about 12. It is no harm, however, to let people know that those arrangements exist with other countries-----

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: We will get the list and forwarded to the Deputy. It is certainly worth letting people know about this issue. Regarding the delays in getting information from the UK, such as social insurance contributions, I understand that is an issue and I am aware of the problem. We will ask the UK authorities, in this age of modern technology, if they could pass over those records more quickly. It is...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: Yes, it will.

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: Regarding redundancy, because the UK will no longer be in the EU different rules will apply to companies based in the UK but employing people here. We want to ensure, therefore, that staff working and paying their PRSI contributions here will get their full entitlements under our legislation. That is why we are ensuring that we have this agreement and that commitments will have to be...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: There are rules for the extended redundancy. All workers' rights have been protected under the extension. If a worker went to work somewhere else and was subsequently made redundant, then the workers' rights are protected even though it was extended. It has been extended now to November, although I do not have the date off the top of my head. Workers' rights are protected and we will...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: I have a note on the winter fuel payment from the Department for Work and Pensions in the United Kingdom. It is a tax-free lump sum payment to eligible people to help towards their winter heating costs. It is a lump sum payment between £100 and £300. In most cases, it is paid automatically between November and December. As of winter 2012-13, people who live in the EEA or...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: We want the Bill to come through as soon as possible. We have to wait until we get our slot. I expect it will be in the next few weeks.

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: I congratulate Deputy Ó Cathasaigh on being appointed Vice Chairman of the committee. As I said earlier, I look forward to working with him and the rest of the committee. To be fair, in this case we have had a good deal of toing and froing between the UK authorities and us in reaching this agreement. We have agreed the convention with the UK. These provisions are to ensure that we...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: The type of data we are talking about are social insurance records. The provision would allow the payment of the necessary benefits that people are entitled to. Initially we had thought we would need a data protection change but we did not as it relates to the law enforcement directive, which has its own data protection requirements. We can make this agreement through an exchange of...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: There are certain conditions around sharing data and they form part of the agreement. We are satisfied that the purpose of the data relating to Part 15 of the Act concerns the insolvency payments scheme. For example, authorities would need to know the hours worked and the wages. We need certain information to make the necessary payments. I am sure those on the other side need certain...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: Progress continues to be made between Departments, the Office of the Parliamentary Counsel and the Office of the Attorney General on the drafting of the Bill. While the Dáil Business Committee decided to grant a waiver to the normal pre-legislative scrutiny process in respect of the Bill, it has asked all relevant Ministers to brief their appropriate committees by 9 October. It is...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: Head 14.4 relates to the transfer of data between Ireland and the UK for the purpose of the continued operation of the Ireland-UK memorandum of understanding concerning cross-Border social welfare fraud and control activities. The Department had initially understood that a legislative amendment would be required in this regard but recent advice from the Office of the Attorney General states...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: We hope matters will be resolved as we get closer to the withdrawal date and that a deal will be agreed. The purpose of this Bill is to ensure that in a no-deal scenario, we will have this agreement in place with the UK. We welcome that the UK has co-operated with us in this regard. On the winter fuel allowance, there will be no change. People can continue to claim it because of this...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: There is much work going on but I do not think there will be any direct cost to my Department as a result of what is being provided for on passage of this legislation. We are maintaining the status quoand making sure that people continue to get their entitlements. Much work has been done on the legislation by my officials but there is no cost beyond that which would be the case if the UK...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: The Chairman will be aware that there has been a ramping up of the campaign. I have heard on radio the call for businesses to get ready for Brexit, which I am sure the Chairman has heard too. In my previous role as Minister with responsibility for business, that Department had a massive campaign and held workshops. As part of those workshops, officials from the Department of Employment...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: We have all of the information on our website. I take the point that we need to reassure people that if they have worked in the UK and are now living in Ireland there are benefits they can get and they should make sure to check that out. I do not know if we ever do campaigns around that. I am not sure. Perhaps we have done in the past. We have general campaigns on what people are...

Joint Oireachtas Committee on Social Protection: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion (7 Oct 2020)

Heather Humphreys: I thank the committee. I will see members again.

Written Answers — Department of Employment Affairs and Social Protection: Redundancy Payments (8 Oct 2020)

Heather Humphreys: The Duffy Cahill report, which was commissioned by the Government in the aftermath of the Clery’s closure, highlighted how the issues raised by that event and the subsequent legal cases are highly complex. The Duffy Cahill report was sent to the Company Law Review Group (CLRG) in 2016 for its consideration as part of the work of that group in advising the Minister for Business,...

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