Alice-Mary Higgins (Independent) | Oireachtas source

While people can use the card, as the Minister acknowledged, it is important that they are not required to. It is also important that the alternative should not be unduly onerous or punitive. People should not feel disadvantaged and feel they are being given a particularly difficult route if they choose not to opt for that route. That is also very clear in the ruling from the Data Protection Commissioner. It is an issue that it will be important to follow through on in order to have that understanding among all specified bodies because some of them seem to be saying, “If you are going to be difficult, we will be difficult”. That is not an adequate approach and, in fact, it is in breach of the law. I want to be very clear on that. People need to be given equal, fair and similar alternatives to using such a card. I am glad the Minister will follow up on the other findings in regard to, for example, the retention of information and of documentation, which is one I am sure we will follow up on.

I thank her for her comments on bogus self-employment. In a way, I like to use the word “false”, or perhaps “forced” in some cases, self-employment. However, there might still be a consideration that should be given by the Department to those who were affected in the past, when perhaps the Department was not as well resourced and the decisions were made in a different way. Some persons who used their appeal were unsatisfied that their appeal was really considered on the basis of their case. I would consider reopening the option of an appeal to the determination of status for those who were in sectors in which it was shown that false and forced self-employment was widespread.That would be useful, both for those persons in terms of their rights, because it might not affect them in terms of the employment payment but it might affect them in terms of the pension, and for those depleted public coffers, as the Minister mentioned. I thank the Minister for her engagement on those matters. Obviously, I cannot press the amendments, but I thank her.