Regina Doherty (Meath East, Fine Gael) | Oireachtas source

If I gave the Senator that impression, I did not mean to because that it is not the reality.

One can have two people doing the same role but one could be self-employed and the other could be an employee. It is determined on the contract of engagement. For example, take two people teaching Irish. One is in control of his or her working arrangements, time and space, as well as how he or she delivers, while the other is directed to show up from 9 a.m. to 11 a.m. and from 2 p.m. to 4 p.m. They both teach Irish but in a different way. One can work for the same body, delivering the same service but in a different way, namely, be either self-employed or employed.

I am adamant, however, that no agency, company or Government body can be above the law. When we provide a clear definition in statute as to what self-employed versus employed is, then deciding officers will be guided on the basis of that interpretation, not on their understanding. One will always have a route of appeal, the same way we do with our judicial system. If I apply to get a determination and the deciding officer determines I am misclassified and reclassifies me, my employer has the opportunity to appeal that and to provide new information. That decision will either be upheld or overturned. That is the normal practice within any section of the Department. One can appeal an application decision. If one is successful, one gets it. If one is not, then one can go outside the Department.

One can be providing the same service with different sets of circumstances which would denote one being employed versus self-employed to the same end user.