Maureen O'Sullivan (Dublin Central, Independent)
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62. To ask the Minister for Social Protection if she has sought the advice of the Attorney General as to whether the division of the unemployed population into the registered unemployed, who are on the live register, and the unregistered unemployed, who are not on the live register, is constitutional or in breach of the European Convention of Human Rights; and if she will make a statement on the matter. [10862/15]

Joan Burton (Dublin West, Labour)
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I have not sought such advice from the Attorney General.

The official measure of unemployment is sourced from the Quarterly National Household Survey (QNHS). Measures of unemployment from the QNHS are based on International Labour Office (ILO) definitions. To be ‘ILO unemployed’ a person must in the week before the survey be without work but available for work and have recently taken specific job-search steps. These classifications are based on self-declaration by the individual respondent, rather than his/her situation in respect of welfare payments.

The Live Register, which captures those registering for unemployment benefits (including those working part-time and in casual work who draw partial unemployment payments), is an administrative record. It is not the official measure of unemployment, but can give indicative trends.

There are no plans to change these measures, and I do not see any reason to seek advice from the Attorney General on this matter.