Paschal Mooney (Fianna Fail) | Oireachtas source

I am grateful to the Minister and appreciate the bind that she is in. I am pro-Europe but this is another example of nonsense by the European Union because the Commission seems to dictate policy to member states. In collective bargaining between government and unions a term that is used is "inability to pay" but that aspect has not been taken into consideration for this issue. The Commission seems to have issued a Directive which has been incorporated into national law and we are left to just get on with it. The attitude adopted is "hard luck if you cannot pay it."

I know from the public pronouncements of the Minister and that of her colleague, Minister Fitzgerald, that they would ideologically like to reduce the cash benefit environment and have more direct support for child care services. People may argue that both Ministers have adopted an ideological position but I empathise with them. We have a problem. When one gives something away it is difficult to get it back as we found with medical cards for senior citizens. There is not a word about the issue now even though the law has changed. I thought it was a modest proposal but I had an issue with the way that it was handled. Millionaires were quoted at the time. I will not mention names but we all know who I am talking about. They said that when they sat down in their local GP's surgery they felt as entitled to a medical card as the woman with the widow's mite. That is wrong and shows an unequal society.

Now the Government wants to make savings. A saving of €13 million may not seem a lot when compared with the Department's budget of €20.5 billion. However, a lack of money was given as a reason to withdraw the mobility allowance and special needs assistance. The provision of both schemes would have cost between €3 million and €5 million which is a small amount. When one puts that small sum in context then €13 million looms large.

I would like the Minister to provide two things. First, I want to know how many or what percentage of the 5,000 recipients are from the North and England. The locations are problematical because there are cultural and historical connections. There is a perception that people from Poland, the Baltic countries or eastern Europeans are claiming. It is possible, based on the figures indicated, that a significant number might be located in the North, south and east and west of this country.

Second, what changes, if any, can the Minister initiate as a member of the Council of Ministers? She said that the courts and the Commission do not favour the provision. There seems to be like-minded Ministers across the European Union who would, perhaps collectively, share the same view as the Minister of adjusting or ameliorating it in some way that would give the Irish Government the flexibility to decide the rate of payments. A change would also give other Governments some flexibility. The problem is that the Commission's directive is inflexible. The European Union's ideological position is the free movement of goods, services and people. If child benefit comes under the heading of services then it will disrupt the concept behind the European Union. A directive must be realistic.

What powers, if any, does the Minister have as a member of the Council of Ministers and the European Parliament? Can they challenge the European Commission? Can the Commission refuse a change once a directive has been incorporated into national law? I refer to a myriad of issues. Can a change be made once a directive has been enshrined in national law?

It is seldom that changes are made to European directives. It is rare for a European directive that has been incorporated into Irish law to be returned to this House for a change or amendment. The reason is that when a directive has been incorporated into Irish law it comes under the remit of the Treaty of Rome obligations. This is a much wider issue and we are getting into a philosophical and ideological discussion here. I just wanted to raise a few general points and do not necessarily expect the Minister to reply. All I want is some insight into how she can use her sovereign power, as Minister of an Irish Government operating within the European Union, to effect change when necessary. It is as plain as the nose on her face that change is needed.