Alice-Mary Higgins (Independent) | Oireachtas source

Unfortunately, they are not consistent and the language is not the same. I did not want to delay the House by reading into the record the language used but, specifically, it is quite different. As I said, the existing legislation with respect to unemployment benefit and other benefits states: "has refused an offer suitable employment", "has without good cause refused or failed to avail himself or herself of any reasonable opportunity of receiving training provided or approved by An Foras Áiseanna Saothair as suitable in his or her case", and "has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment".

This Bill on pages 11 and 12 explicitly states: "an opportunity of participating ... any scheme or programme of employment or work experience, [the word "reasonable" has been removed] or ... a course of education, training or development ...", again the phrase "any reasonable" has been removed. I am sorry to have to correct the Minister in a sense but the language used is not the same. It is different. Perhaps that is something we can discuss in the interim and return to it on Report Stage but in terms of speaking to the language being the same, it is not.

When I discussed the question of how personal progression plans were used, the response I got became a spirited defence of the existence of personal progression plans. I am not arguing against their existence or the existence of penalties, rather it is a matter of how it is determined.

I have tabled amendments proposing the removal of sections because I believe they need to be redrafted to be consistent with the language used in the existing legislation. That is a fundamental point. My goal, which I believe should be the main goal, is that persons will be presented with a number of options and as a result they will be able to have a better outcome. We have heard it in testimony before the Joint Committee on Employment Affairs and Social Protection that one of the main problems in terms of educational placings is that people are placed in the wrong course, one that does not suit them or where there are timing and other issues. I will not go into the education area at length as it is covered in a later amendment. This is about ensuring we get this right which would save the State money and ensure people progress in a meaningful way at an earlier stage in their lives.

The Minister spoke about the word "agreed". If the word "agreed" was included instead of the word "prescribed”, we would have a very different message. Perhaps that is an amendment that she or I may wish to put forward on Report Stage. The word "agreed" would be different from the word "prescribed" as the latter would be used in the context of the professional telling the person involved. We do not negotiate or discuss to any great extent, besides what the symptoms may be, what a doctor may prescribe to treat an illness but we do discuss and negotiate what might be an appropriate course of action. That is where language is important and that is a word that has been added also. It is a little different. The phrasing "any reasonable" is what should be included. We can return to this on Report Stage. These amendments have been tabled in a constructive spirit and I want to ensure there is not a slippage in the language.