Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context

Question 551: To ask the Minister for Social and Family Affairs the progress that has been made by his Department following the recommendations by the Irish Human Rights Commission in relation to special pension for the self employed introduced in 1999; if the committee of experts has completed its review of the matter in the context of its annual report on compliance with the European code of social security recently submitted by his Department; and if he will make a statement on the matter. [34183/07]

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

The case reported on by the Irish Human Rights Commission (IHRC) involves a couple who were over 56 years of age in 1988 when compulsory social insurance for the self-employed was introduced and who could not, therefore, satisfy one of the basic requirements for pension as they did not commence paying insurance 10 years before pension age.

In addition, the couple could not satisfy the qualifying conditions for the special half-rate pension which was introduced in 1999 for self-employed people as they had not paid the 260 contributions required. While one of the couple could have qualified had they paid the necessary contributions, because of advanced age the other person would not have been able to contribute the necessary level of contributions before reaching pension age. A refund of part of the social insurance contributions was available to such people.

The IHRC recommended that a reduced benefit should be paid to people who, because of advanced age, could not satisfy the conditions for the special pension introduced in 1999. The recommendations of the IHRC are based on its assessment of the situation under the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the European Code of Social Security. In relation to the European Code of Social Security, the IHRC places particular emphasis on provisions in relation to the position of people, who by reason of age when provisions are introduced, cannot satisfy contribution or employment conditions.

The Department makes annual reports on compliance with this Code to the Council of Europe, summarising changes to the social welfare system. These reports are then referred to the International Labour Organisation (ILO) Committee of Experts for their examination. The Department's 1999 report included details of the self-employed provisions which are now the subject of the Irish Human Rights Commission (IHRC) investigation. At that time, the ILO Committee confirmed that Ireland met its obligations.

Accordingly, as an initial step in its review of the IHRC report, my Department has asked the ILO Committee of Experts for its views on the way in which the IHRC has interpreted the relevant articles. While the Department has received an informal opinion which is at variance with the conclusions of the IHRC, it has asked the Committee of Experts for a formal review of the situation in the context of our annual report on compliance with the European Code of Social Security which my Department submitted in August this year. The annual report has drawn specific attention to the IHRC report and the manner in which it interprets our obligations under Article 29.5 of the Code. The views of the supervising committees were sought on the conclusions of the IHRC report and the Department is awaiting a response from the Council of Europe. My Department will re-examine its position in relation to the IHRC report when the views of the supervising committees have been received.