Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 246 to 250, inclusive, together.

In late 2020 the Department of Social Protection commenced an investigation into the PRSI classification of RTÉ’s contractors.

RTÉ provided the Department with lists of 695 workers engaged on a contract basis in 2018, 2019 and 2020 and these formed the basis of the investigation. The scale of the Department’s investigation in RTÉ is significant and further workers may be brought into the scope of the investigation as it proceeds.

It is in the interests of workers, RTÉ and the Department that the investigations are progressed in a timely and efficient manner.

In conducting these investigations the Department's fundamental objective is first, to ensure that workers do not suffer a loss of entitlement to social insurance benefits as a consequence of misclassification and, second, to ensure that employers collect and remit the correct amount and value of social insurance contributions. Where an investigation identifies that this has not been the case the workers record is corrected, and employers are required to remit the correct value of contributions back-dated as appropriate.

• To date:
  • Decisions have issued in respect of 131 workers.
  • 89 workers were found to have employee status and Class A PRSI applies, while 42 workers were found to be self-employed and insurable at Class S PRSI.
  • 48 decisions have been appealed to the Social Welfare Appeals Office. Each appeal requires a review of the appellant’s submissions and the preparation of detailed replying submissions It is, of course, entirely a matter for the worker and RTE to decide if they wish to pursue an appeal.
    • Of these appeals, 21 have been disposed of with the original decisions being maintained in 20 cases.
    • RTE has also requested a review by the Chief Appeals Officer of the Appeals Officer’s decision in two cases.
    • One of the appeal decisions has also been appealed by RTE directly to the High Court without requesting a review by the Chief Appeals Officer. That case is ongoing.

A total of €1,773,048.01 in compliance has been notified to RTÉ to date. The total liability repaid to date by RTÉ amounts to €1,270,155.93.

Employment status investigations can be complex; each case involves at least two parties and each case must be investigated having regard to its own facts and with an opportunity for each party to be interviewed and to make and respond to submissions.

The Department continues to engage pro-actively with RTÉ on an ongoing basis.

I hope this clarifies the matter for the Deputy.