Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 8:

In page 10, to delete lines 27 to 43, to delete page 11, and in page 12, to delete lines 1 to 19.

This goes back to the heart of two issues the Minister has raised. The first is the question of mirroring in these new provisions the language we have in existing social welfare legislation insofar as possible and appropriate. The other issue is the question of helping people and ensuring we are offering a full range of services. The Minister spoke eloquently on this issue in the past. I recall when she spoke about people having the opportunity to come back to become physicists, for example. She spoke about providing educational training and employment options.

The concern, however, is that there is one specific change in the language. In the previous legislation regarding unemployment benefit and the question of disqualifications, it stated that a person may be disqualified from receiving unemployment benefit where he or she has received an offer of suitable employment or has, without good cause, refused or failed to avail of any reasonable opportunity of providing or receiving training or has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment. The language in this Bill speaks to an opportunity. It is singular. It is different to require somebody to take up some of the panoply of offers or engage in some reasonable opportunity of training.

The section now states, “a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme or programme of employment or work experience, or a course of education, training or development, which is prescribed for the purposes of this section”. We are moving from a situation where somebody has to show he or she is willing to engage in any reasonable opportunity of training or form of employment to one where a person declines a scheme or course, where the term “reasonable” has been removed. Who considers it appropriate? It would seem to be the case officer.

The other term that is concerning is “prescribed for”. For example, I can say I have prescribed for an individual a specific job in a multinational chain or a specific course. If the person says “No” to that specific course or job, then that person is leaving himself or herself vulnerable regarding his or her payments.

My amendments seek to be consistent and ensure reasonableness is a requirement in the wider sense. They also aim to move away from a climate of prescription of a specific option for persons.I also ask that we restore the language, which is in other parts of the Social Welfare Consolidation Act, whereby it provides for any reasonable opportunity of training or of obtaining suitable employment. If a person is in the unlikely situation where he or she is able to take a case to the courts, at least he or she will be in a position to say the courts could determine whether it was reasonable and that would give people a recourse of some kind. I do not believe people will take cases to the courts but if they were to, that is a reasonable phrase to include.