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Social Welfare Appeals Bill 2013: Second Stage [Private Members] (7 Nov 2014)

Willie O'Dea: I thank the Minister of State for his response and Deputy Ó Snodaigh for his support. I join with the Minister of State in complimenting the staff in the Department of Social Protection and the appeals office, with whom it is always a pleasure to deal. They are very courteous and helpful people. I will make a couple of general observations, none of which is directed personally at the...

Social Welfare Appeals Bill 2013: Second Stage [Private Members] (7 Nov 2014)

Willie O'Dea: Of course it does but the point is that when they are introduced 20 months after they were produced, it says something about how the system has changed.

Social Welfare Appeals Bill 2013: Second Stage [Private Members] (7 Nov 2014)

Willie O'Dea: Deputy Ó Snodaigh made the point that 60 days may be too short a timeframe. With the resources etc. available to the Department, that may very well be correct. I am not caught up with 60 days. What I am trying to deal with is the situation of some unfortunate who has been turned down for social welfare. The statistics from the Department show that in more than 50% of cases, he or she...

Social Welfare Appeals Bill 2013: Second Stage [Private Members] (7 Nov 2014)

Willie O'Dea: I will do that. I also ask the Minister of State to take on board Deputy Ó Snodaigh's very good suggestion that the right to a review be clearly set out because people have come to me who think they must go straight to the appeals office and they are amazed to hear they can actually go back to the deciding officer to have their case looked at again. That is not clear on the form. I am...

Social Welfare Appeals Bill 2013: Second Stage [Private Members] (7 Nov 2014)

Willie O'Dea: I move: "That the Bill be now read a Second Time." This is a very short Bill with one purpose, which is to expedite the social welfare appeals system. I propose that the maximum period for an appeal should be 60 working days, which is 12 weeks, except in very exceptional circumstances. The Minister of State is aware of the 2012 report of the Free Legal Advice Centres, FLAC, which examined...

Social Welfare Bill 2014: Second Stage (6 Nov 2014)

Willie O'Dea: Why is the Minister not using the money to restore the respite care grant?

Social Welfare Bill 2014: Second Stage (6 Nov 2014)

Willie O'Dea: The Government is seeking votes by giving a few cent to everybody. The Members of this House - those on all sides - were elected to govern a society, not just an economy. Let us take a step back and consider the type of society that exists almost four years into the lifetime of this Government and in the aftermath of the introduction of its fourth budget. According to the CSO,...

Social Welfare Bill 2014: Second Stage (6 Nov 2014)

Willie O'Dea: Many of them maintained a landline so they can have an alarm system for the sake of their security and safety. Despite protestations to the contrary, many people found that only by maintaining the landline system and paying the rental can they have a sense of security. It is important to elderly people, particularly those who feel isolated and vulnerable. There was a major push before the...

Social Welfare Bill 2014: Second Stage (6 Nov 2014)

Willie O'Dea: I am opposed to this Bill, not because I object to the rate of child benefit being increased - I welcome that - but because it is a remarkable piece of legislation. Normally when we say something is remarkable, we are talking about what is contained in it. This legislation, however, is most remarkable not for what it contains but for what it omits. I will come back to that point shortly....

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I will withdraw the amendment based on the Minister of State's response.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I move amendment No. 7: In page 32, to delete lines 3 to 22.The Minister of State obviously has a response and I will await it.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: The section provides in the case of embassy marriages that the couple are deemed to have been married from the moment of solemnisation in the embassy but from point of view of intestacy, inheritance rights, etc., such provisions do not come into effect until the legislation comes into place. Am I correct? I thought that was a bit of a contradiction.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Am I not?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: That explains it. What is the position exactly?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Civil partnerships and marriages.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: The section states that if one of those embassy marriages is solemnised it is deemed to have existed as a legal marriage from the moment of solemnisation and yet the implications of the parties being married from the point of view intestacy and other legal provisions do not kick in until the commencement of this Act.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: It is only a minor point.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: It is only a minor point. I will not press the amendment but it seems unusual in that the law is stating that marriage has taken place from a certain date. As far as the law is concerned, people are married from that date, from the moment of solemnisation, but there are no legal implications in respect of tax, inheritance, etc., until such time as this Act comes into force.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Okay.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I am in broad agreement with Deputy Ó Snodaigh's viewpoint. There is a difficulty because every case depends on its own facts. The legislation will give the registrar discretion, but in exercising this discretion he or she must examine various issues and obviously this list is not exhaustive. If one does not pass the test on one or two of the issues, it does not necessarily mean there...

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