Alice-Mary Higgins (Independent) | Oireachtas source

I wish to make a point on class K contributions, but I will first make a general point. It is unfortunate that we are taking Committee Stage and Report Stage together and on the very last sitting day of the year. There is a lot of emergency legislation and legislation that comes through with short deadlines attached, but the Social Welfare Bill is predictable and something we can plan for. Accordingly, I appeal to the Minister that next year we plan the Social Welfare Bill in a proper way and that Committee State and Report Stage happen while both Houses are still in session in order that there will be a genuine capacity for meaningful engagement and for amendments to be dealt with. Sometimes there are good ideas that should be taken on board in a social welfare legislation. It is not like the Finance Bill where we just make recommendations, there are genuine, important suggestions and it is a disservice to the legislative process to have such a fundamentally important Bill put through together on Committee Stage and Report Stage and effectively at a point where we are up against the natural guillotine of hearing if it does not pass before Christmas then payments will be affected. I have heard that for years, but this is the most rushed I have seen it. As a House, we must put down a marker for next year to the effect that we need to be given proper time.

The Minister has spoken very well about the class K contribution issue in the past. We had a debate on it, and I remember that she understood what is involved. It would be good if we addressed it. If we have not addressed it this year, let us sort it out by next year. It is a big issue. Regretting it will count for nothing come the next local elections when we have brilliant people from all sides and all parties who decide either not to stand or not to stand again. We do not just have a problem getting people into local public service, but in getting them to stay. We must address the issue. If we had a longer debate, perhaps we could have come up with proposals and the Minister could have made proposals. If it does not happen this year, then please let us make sure it happens next year. There is no reason it should not. I know the Minister understands it because she spoke very well about it.

I wish to highlight an issue regarding employment contributions. I am indicating that it is something on which we need to engage further. I am very concerned about today's Supreme Court ruling in respect of PRSI contributions. An undocumented person who has paid PAYE contributions and where the employer has paid PRSI is not entitled to maternity benefit. That is the Supreme Court's decision. I do not second-guess the courts, but, as legislators, we must look to our policy. This is a person who was properly documented, who had a period as an undocumented person and who continued to make contributions and to work. The person's status has been resolved, but a gap has appeared.

Much as the Minister for Justice, Deputy McEntee, has shown leadership in trying to regularise the status of a number of persons who have been undocumented in this State, sometimes through no fault of their own, I urge the Minister to similarly engage with them to ensure that people who are working and are already paying PAYE and seeking to fully contribute are allowed to do so. It does not serve us when people fall out of the State, including the social protection and social contribution systems. I urge the Minister to engage with the Minister for Justice to see what complementary measures might be put in place for PRSI and PAYE to allow those who have been undocumented to regularise their status. When somebody is denied maternity benefit, it is the child who loses out. The family loses out and is affected and that does not serve anyone. When we finally get to the amendments, we will see that the rights of the child is an important piece as well. I encourage the Minister to engage with her colleague on this, as she has shown incredible leadership in this area. The Department of Social Protection has the opportunity to now put in place complementary measures to ensure the kinds of situations that were highlighted in the courts today do not leave people who are here and contributing at a distance from the state.