Seanad debates

Tuesday, 5 November 2013

Social Welfare and Pensions Bill 2013: Second Stage (Resumed)

 

5:45 pm

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I thank the Minister for the comprehensive way in which she has dealt with this matter. It is difficult to try to bring forward reform when dealing with this matter and to try to be fair but I believe the Minister has done a good job in this regard.

I welcome the development on the issue of insurance. I do not believe taxpayers should be responsible for paying out wages and salaries in real terms because that is what social welfare does. It steps into the breach to pay income to people if they are out as a result of an accident. At the moment, insurance companies are not responsible for paying back that money. We should be careful of several things. I have been involved in this area for several years and I am aware of cases where awards are made by the courts in which the judgment asks how the matter is to be dealt with. Will the court order have to make a specific award with regard to what is paid back to the Department? Is this covered in the legislation? This is something we should be careful of because I have encountered cases where the court makes an overall order, but sometimes it might suit people if the payment is to the plaintiff without a specific order with regard to what is refunded to the Department. This should be examined. For argument's sake, let us suppose an order was made for €80,000, part of the claim involved €20,000 in loss of earnings but the general damages are assessed as well. It is important that clarification is given in the court order and that the claimant is not left exposed with regard to claims afterwards.

The important thing is that proper procedures are set up. I gather the legislation covers this with regard to ensuring that insurance companies refund the money. However, a question arises where there is no insurance, where claims are made and where judgments are obtained. This is another problem that arises and it has occurred in several cases I have come across. I have encountered cases involving some particular areas of the insurance industry. I know of one case involving a nightclub whose owners are doing their own insurance. That is something we need to be careful of as well.

Another issue I am keen to raise relates to people in the building industry who lost their jobs five or six years ago. Some of these people are in their mid-50s now and believe they are no longer able to go back to the type of work they were in. We need to consider this in the long term. I have come across several people in the age group from 55 to 65 years and I believe this is one of the issues we need to address.

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