Oireachtas Brief §8 August 2010 (2) (Social welfare Bill)

July 29, 2010 in Issue 8

Welcome to Oireachtas Brief, the information service for social justice NGOs and voluntary sector activists interested in issues of poverty and social exclusion in the Oireachtas. Oireachtas Brief is provided by The Wheel and the European Anti Poverty Network (EAPN) Ireland, supported by the Atlantic Philanthropies and edited by Brian Harvey.  The service is sent from www.oireachtasbrief.ie, where you may search old bulletins by date of issue, topic and speaker.
 
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Subscribers wishing to read the original texts referred to in these reports should either view them on line (www.oireachtas.ie or http://debates.oireachtas.ie) or buy the daily reports from Government Publications, Mail Order Section, Unit 20, Lakeside Retail Park, Claremorris, Co. Mayo. In the text below, the brackets provide the references by house (Dail or Seanad, day and page number) to assist your search. The reference may be for a single page, or set of pages where the issue in question was discussed.

This issue covers the Social welfare Bill, 2010. Oireachtas Brief §9 will follow the summer break and may be expected end October.


Social welfare Bill, 2010

in Budget debates, Child poverty, Deputies, Issue 8, Lone parents, Poverty and social inclusion, Senators, Social policy, Social welfare, Social welfare Bill debates, Tanaiste and full ministers, Unemployment

‘In line with international experience’
The Social welfare (miscellaneous provisions) Bill, 2010 was introduced in the Dail by the Minister for Social Protection, Eamon O Cuiv (Dail Eireann, Debates, 16th June 2010, 409 – 424, 449-468, 513-534; 17th June, 641-671; report and final stage 30th June, 64-83). He explained that the purpose of the Bill was to make targeted changes to the jobseeker’s allowance and supplementary welfare allowance, reducing the rate to €150 a week when job offers or activation measures were refused. The government’s aim was to ensure that despite the high numbers now on the live register, long-term systemic unemployment and welfare dependancy would not take hold. The Bill provided changes in the one-parent family payment, which would be made until the youngest child reached 13. Changes would not affect current lone parents with new children until 2024. The cut-off point would only come into effect for existing recipients six years from now in 2016. The cut off point of 18 years will remain for 2011-12, 17 in 2013, 16 in 2014, 15 in 2015 and 13 in 2016. Internationally, there was a general movement away from long-term and passive income support. A large proportion of lone parents and their children were still experiencing poverty. The child of a lone parent was four time more likely to be in consistent poverty. In general, the best route out of poverty was through employment. The minister said he recognized that work, especially full-time work, might not be an option for parents of young children, but he believed that supporting parents in participating in the labour market once their children had reached an appropriate age would improve their economic situations and their social well-being.

Olwyn Enright (FG, Laois Offaly) explained that Fine Gael had concerns about the legislation. She believed in the principle of activation but did not believe that the minister was approaching it from the right angle. He had proposed sweeping changes that would have a profound impact on people’s lives, but without the backup of necessary supports. She welcomed the legislation but at the same time questioned it. Lone parents seemed to have been singled out for activation, without opportunities being given to them. It was now four years since the report on one-parent families had been published, yet no work was done in the four years to facilitate the orderly provision of the range of supports needed to ensure that the people who would lose the payment had the chance to participate in meaningful work, education or training. The minister did not have a real plan to achieve this. She had no faith in the tangled web of education and training currently on offer and wondered how the system could cope with additional people. ‘Activation’ encompassed interviews and advice, education and training, skills for financial independence – yet she did not see a plan that would do that. In other countries, the building blocks were in place. ‘They did not start with a cut and then work downward. Where was the plan to create jobs for these people? The National Youth Council had voiced real concerns about the provisions and the lack of availability of education and training places.

For Roisin Shortall (Lab, Dublin NW), the problem was not about activation, it was about cutbacks and the optics of doing something about long-term welfare recipients. How could one call it activation when there were so few jobs of any description available? That was the big issue: the jobs were not there. Or was this about the minister wanting to look tough, rather than do anything meaningful? A lone parent with huge family commitments was competing for work with 430,000 other people. For those who did manage to find work, the main problem was who would mind the children while they were out. Most would not be able to afford to pay someone. What were lone parents to do during the summer months when his or her child was out of school? Was it government policy for 13-year olds to have no parental supervision and to be left to their own devices for the three months of the summer holidays? Research by the Vincentian partnership showed that it cost substantially more to raise a teenager than a younger child. For some parents, the cost of after school care would become a poverty trap.

Changes in appeals system
She also objected to §15 and 20 of the Bill which undermined the independence of the social welfare appeals office. What was the point of having one if the minister could challenge a ruling? The previous minister had strangled the Combat Poverty Agency and was now muzzling the appeals office, while §20 allowed him to appoint any person at his discretion. This was open to croneyism while instead the office should be put on a statutory basis to guarantee its independence. Kathleen Lynch (Lab, Cork NC) told the house that she had been involved in more oral hearings than she had eaten hot dinners: the deciding officers were better versed in social welfare law than any High Court judge and she did not understand why the minister was trying to usurp their power.

Thomas Byrne (FF, Meath E) took the view that the minister was trying to encourage work. The problem with one-parent families was that the parent was not working or could not work for whatever reason. This might be due to a poverty trap, lack of motivation – which he was not sure about – or lack of child care. Countries like the United States, which did not have fantastic social services or child care, recorded that only 23% of lone parents did not work, half the Irish rate. His colleague John Browne (FF, Wexford) described the cut-off age of 13 as a bit too young. The minister had made the point that childcare was less needed, but a youngster of 13 still needed some form of childcare rather than coming home and finding his or her parent out working. The age should be increased to 15 to 16. He was struck by the statistics of lone parents in poverty, despite significant state spending. Still, the latest EU figures showed that 17.8% of lone parents experienced consistent poverty, compared to 3% of two-parent households and 4.2% of the population as a whole. Mary O’Rourke (FF, Longford Westmeath) took the view that social welfare payments were supposed to be active, rather than passive in nature. People were not meant to just accept such money week after week and do nothing in return. Doing nothing was undignified and sapped people’s confidence and their ability to do something about the circumstances. Having said that, it was not always possible to adopt a get-up-and-go approach to life, especially in the light of the current economic difficulties. She cited other European countries were the age limits were four to five. She accepted that the age here would be 13, but questioned if childminding services were necessary at that age.

Back to the glory days of AnCo and the bananas
James Bannon (FG, Longford Westmeath) described the decision to time such policies with recession as debatable. The Bill reminded him of the expression ‘the deserving poor’ from the poor law of 1838. Where were the provisions for job creation, he asked. We were seeing doubtful welfare reforms, but the government was ignoring the need for a focus on job creation. Aengus O Snodaigh (SF, Dublin SC) described the Bill as mean spirited, nasty and counterproductive. The minister’s approach was not activation but compulsion and it was penal. It was all stick and no carrot, because there were no jobs, too few educational courses and fewer still training courses. The purpose of the Bill was to punish the unemployed for the government’s failure to create jobs. They would be punished for refusing to take up non-existent jobs or courses. Was the minister telling us that all these courses, training opportunities and jobs would be in place by the time the Bill was passed? There was not a hope in hell that half a million job opportunities, courses or training opportunities being created by July when he hoped to ram the Bill through. We would have a repeat of the glory days of AnCo when the long-term unemployed sat in classrooms learning telephone skills with bananas because they did not have enough telephones. Living in poverty was a daunting prospect, but the minister would condemn more to that reality.

Cyprian Brady (FF, Dublin central) said he understood that many parents found themselves in very difficult financial circumstances at present and we had to be fair and equitable in the new Bill. Issues such as accessibility, child care and family circumstances must be taken into account. He agreed that incentives must be given to people, especially young people, to make the effort to seek employment and it was very easy to full into the rut of having nothing to do and have no reason to get up in the morning. In parts of the country and his own constituency, there had been generations of unemployment and no incentives and that was passed down from generation to generation. Chris Andrews (FF, Dublin SE) described the Bill as tough, imaginative and fair. The changes would bring Ireland more into line with international provision. As for the section on appeal officers, this allowed the minister to appoint people other than serving staff and allow the temporary employment of retired appeals officers to clear the huge backlogs.

The Minister for Social Protection was a ‘very compassionate, understanding and decisive man of great courage and responsibility’, according to Mattie McGrath (FF, Tipperary S). We had to protect the neediest and try ensure that all citizens had a reasonable standard of living. At the same time, they wanted to avoid long-term welfare dependancy so we must make choices about how to direct supports. The provisions for one-parent family payments were fair. Margaret Conlon (FF, Cavan Moanghan) spoke of how there will always be a level of unemployment, even when the maximum number of people were working. This was regrettable but it was important to recognize that such people deserved to be supported and the government was committed to providing that support. The other side, though, was that there were people who made a full time occupation claiming welfare and were masters at it. They never had and never will have any intention of working and we could not continue to support such people. Taxpayers were providing them with money and this must stop. There must be benefit reforms to ensure that there is always a more attractive option. The government must do everything to provide support and incentives for those entering the labour force or wishing to avail of further education.

O’Connor speaks of worries of his constituents
Charlie O’Connor (FF, Dublin SW) expressed the hope that the new proposals would help one-parent families out of the poverty cycle, which many were in and was detrimental. Despite state spending, results had been poor in tackling this form of poverty and this was something about which we should be deeply concerned. But lone parents were asking who would look after their children. The minister must engage with them and give them clear assurances that they would be assisted. He had always taken the view that when boats were rising, we must look after the little boats and people were struggling in these hard times and must be looked after. He had received calls from worried and concerned constituents, who wanted to know what would be done for them. Even though the minister had explained that the changes would not take effect for many years, they were still worried. One wanted to know who would look after her teenage child and her point was a fair one. People did not want to stay on welfare – they wanted employment, education and schemes. There were 11,000 unemployed people in Tallaght, including many young people and we needed to give them hope. He spoke of the new poor who were doing well six months or a year ago – they had jobs, were able to go regularly to Manchester United, had no difficulties with their bills or mortgages and it came like a bolt from the blue for them to have to struggle now. He hoped that the minister would be flexible over reducing jobseeker’s payments, because if no jobs were available, one cannot penalize or punish people who could not find work.

There was no flexibility in this legislation, according to Joe Costello (Lab, Dublin central) and it did not provide for an appeals mechanism or flexibility. The Bill was another example of harsh medicine being applied by the government and the imposition of austerity measures on the less well off, the sick, the disadvantaged, unemployed and pensioners. It was entirely negative and did not contain a positive line or offer any incentives. It was all about targeting people at the lower end of the scale who would be made to suffer. They will have to pay for the decisions of those who had ruined the economy and the lives of so many people.

Time to stop fraud – Kennedy
Michael Kennedy (FF, Dublin N) spoke of how the British pension was £99 but ours was €230. Criticizing the Irish Fianna Fail – led government for having the highest level of state benefit in Europe was farcical. We are way ahead of Britain and Europe. From meetings in his constituency, the two concerns were fraud and child benefit for single parents. He had been told of daytrippers flying from Europe to collect their payments. The Department of Social Protection should put officials with laptops at airports to question people coming off planes to find out whether they are coming here on holidays or for a rip-off situation. It should be investigated so as to cut down on fraudulent payments. Our proposals are more than reasonable, for in Britain, lone parent benefit will cease in September at the age of 7, which came from a socialist government. This was realistic, reasonable and pragmatic, because keeping people at home, unemployed and drawing benefit was not the way forward. Statistics on poverty showed that children from single parent homes were four times more likely to remain in poverty and this must be a concern for any government in the future. The new rules would come in in 2024, which was a reasonable timeframe for a single parent to re-educate, upskill and retrain.

Martin Ferris (SF, Kerry N) disputed the minister’s claim that the changes were aimed at addressing the high number of lone parent households in poverty. He welcomed any steps to address this level of poverty, but sadly this Bill was not an anti-poverty measure, but an unscrupulous penny pinching measure directed against the less well off. It was moving lone parents from one welfare payment onto another less flexible, less supportive and unsuitable payment. The Proposals for supporting lone parents (2006) clearly stated that any move must be accompanied by ensuring that child care supports were available. Even the minister had admitted that after school and summer supervision support was patchy at best. Why pick 13 as the cut off age? he asked. What was the logic? Did the government expected all single parents to rush into marriage before their children reached 13? The minister was storing up more costly problems for society in the future. Thinking seemed to be completely absent on the government side, where the focus was on how to take more from those who had least. There seemed to be no understanding that by driving people further into poverty, overall society was damaged.

The importance of discouraging dependance
Peter Kelly (FF, Longford Westmeath) drew attention to the way in which the government had improved welfare rates, but that many lone parents were still in poverty. The cost of one parent family payments was €1.12bn in 2009. After all that investment and lone parents were still in a cycle of poverty, we had to change our way of assisting them and improving their quality of life. The current arrangement of payments to 18 (or 22 if the child was in education) without any requirement to engage in employment, education or training was not in the best interests of society, the parents or their children. He welcomed the phasing out period and recipients should not have anxiety about this change. There was a wide variety of education and training opportunities available and all lone parents using the FAS services were provided with one-to-one guidance interviews with an employment services officer, where they were advised on current job vacancies, suitable training or employment programmes and might be referred to other FAS supports. He spoke of the social inclusion model that helped people overcome barriers and involved a number of agencies including lone parent organizations, outreach information and recruitment and a paving your way to work programme. Niall Blaney (FF, Donegal NE) was extremely conscious of discouraging long-term dependance on social welfare, which can be a scourge in any country. We were not in the business of making any individual or family suffer hardship or poverty, but rather ensuring that our social welfare system took care of those in need. It was sensible to encourage lone parents to participate in education or training. The measure had been criticized, but our payments should be compared to other jurisdictions. The Bill was thorough, fair and forward looking.

Concluding the second stage, which passed 70-66, the minister, Eamon O Cuiv accepted that any proposed change would not work unless support services were provided. Many single parents were in full-time employment and he accepted that they faced a struggle each day. The changes were were designed to obtain the best outcomes for diverse groups of people and there was a need to engage in mature discussion rather than trade insults. Despite belonging to different parties, there was much agreement in principle about where we were going, despite argument about how to get there. There was more agreement about the shape of the society we would like to create than might be apparent from debates in the house.

McFadden: only 63 facilitators
In the Seanad, Nicky McFadden (FG, administrative) contrasted the numbers of unemployed people, 450,000, with the fact that the department had only 63 facilitators responsible for the activation of over 90,000 one-parent families and 100,000 people receiving disability and illness payments (Seanad Eireann, Debates, 6th July 2010, 18-40). She quoted the policy and research officer with One Family, Candy Murphy, who argued that the reduced payments would make it increasingly difficult for lone parents to access employment and training. The head of the social justice division of the Society of St Vincent de Paul had also highlighted the combined effects of the cuts of the budget. Although the minister might have argued that single parents had to go back to work when their child reached three in Sweden, Germany and Norway, these countries also provided the best child care services in the world. The reality was that here, very few were available. Lone parents here who were willing to go back to work were unable to do so. What should a mother do now that her child reached 13? Should she remain idly on social welfare until her child’s 14th birthday? And then, will she have to compete with newly qualified graduates? Frances Byrne, the director of OPEN, had said that some of the activation proposals could and possibly will stigmatize certain sections of the population.

Lisa McDonald (FF, Taoiseach nominee) commended the action, energy and thought of the minister and described his department as an excellent and far-seeing move by the Taoiseach, brining a more holistic and joined-up approach to the area of social welfare payments and benefits, job activation, employment schemes and the national employment action plan. She asked opponents of the legislation why we should not empower women away from the lone parent allowance books and back to independence. The minister had said that homework clubs and holiday care would be provided as the need arose. It was to be hoped that a child of 14 would be involved in various other activities and the one thing he or she did not need was a mother mollycoddling him or her from 14 to 18. We had to be aware of young girls in certain areas who got pregnant and perceived it to be a path toward having their own house and moving out of the family home. Most young girls did not want to be pregnant but some did and if we ignored that, we would not be realistic about the need to tackle such dependency. She acknowledged the fantastic women who lifted themselves out of poverty and pursued further education. Support needed to be given to them because they more than anyone else wanted to get out of the poverty trap. Fergal Quinn (independent, National University) addressed the criticism of reducing social welfare for people who refused a job or training, but said it was worth noting the evidence, especially from America, that while many people began work in minimum wage jobs, they did not stay in them for long. Once in employment, people moved up the earnings ladder rapidly and the space below them were filled by new recruits. Taking up work was still the best route out of poverty.

It was not good enough that in 2010 we still had a largely Victorian model of social welfare in which people had to prove that they were living in poverty, said Dan Boyle (GP, Taoiseach nominee). He drew attention to the proposal by Social Justice Ireland for tax credits for the working poor and lower paid, a simple idea that had been opposed unnecessarily by the Department of Finance. It could easily be accommodated within our tax and welfare systems and he hoped it would now receive active consideration.

Phil Prendergast (Lab, labour) asked what employment creation did the minister envisage for single parents? We were told that unemployment would remain at 13% for the next 18 months. The types of jobs suitable for single parents included special needs assistants and home carers – the areas which had been subject to government cuts. Jerry Buttimer (FG, labour) likewise asked what happened to people when they did not have social welfare. Where did they go? ‘Do we want to become like America?’ Where were the afterschool service and the homework support clubs? Where is the money for these? Who will roll them out? This was the same government that was taking away the powers of the community development programmes. The government was creating latchkey children as a matter of policy.

Fiona O’Malley (independent, Taoiseach nominee) told of her depression to hear the Conference of Religious in Ireland constantly lament that the year-on-year increases in the budget were not sufficient. Why should someone on social welfare be allowed to believe that he or she was entitled to receive payments indefinitely? More was required of those in receipt of payments. She applauded the Bill because it recognized that people must be prepared for a lifetime of independent living. Many recipients of social welfare payments, especially lone parent families, remained in poverty indefinitely and the changes in the Bill asked why should this be the case. We must ask the reason why people remained in poverty, despite the comparatively generous supports offered. It was not simply a matter of money, but also of lifestyle, education and expectations. Nothing could be more depressing than preparing people to remain on social welfare indefinitely.

The Bill was approved 29-22 and went on to committee (Seanad Eireann, Debates, 13th July 2010, 445-489) where it passed 28-21.


Oireachtas Brief §7  August 2010 (1)

in Issue 7

Welcome to Oireachtas Brief, the information service for social justice NGOs and voluntary sector activists interested in issues of poverty and social exclusion in the Oireachtas.  Oireachtas Brief is provided by The Wheel and the European Anti Poverty Network (EAPN) Ireland, supported by the Atlantic Philanthropies and edited by Brian Harvey.   The service is sent from www.oireachtasbrief.ie, where you may search old bulletins by date of issue, topic and speaker. 
 
You have received this email because, according to our information, you opted in to the service. If this is not the case, or if you later wish to opt out, please send a message to the appropriate section at www.oireachtasbrief.ie   New subscribers are always welcome and should go to the ‘subscribe’ section of the site.  The service is irregular and depends on sittings of the Oireachtas.   It is absolutely not available for advertising nor for the posting of other messages.  Comments and corrections are welcome to editor@oireachtasbrief.ie.
 
Subscribers wishing to read the original texts referred to in these reports should either view them on line (www.oireachtas.ie or http://debates.oireachtas.ie) or buy the daily reports from Government Publications, Mail Order Section, Unit 20, Lakeside Retail Park, Claremorris, Co. Mayo.  In the text below, the brackets provide the references by house (Dail or Seanad, day and page number) to assist your search.  The reference may be for a single page, or set of pages where the issue in question was discussed.
 
Oireachtas Brief §8, to come, will cover the Social welfare Bill, 2010.
 
 
Summary
Debates, 1, in this issue covers:
 
-  Prescription charges
-  Referendum on children
-  Begging
-  Active citizenship
-  European targets against poverty
- Fuel poverty
 
There is then a short section 2: Legislation and appointments.


Prescription charges

in Deputies, Health, Issue 7, Senators, Tanaiste and full ministers

The government decision to introduce a 50c charge for a prescription item was sharply criticized in the Dail and Seanad.  The charge was the main provision in the Health (amendment) §2 Bill, 2010.  The maximum to be paid monthly by any family was €10.

In the Seanad, Frances Fitzgerald (FG, labour) explained that whereas the 50c levy per medicine might not appear to be much, that was not the case for many families, especially those on low incomes (Seanad Eireann, Debates, 30th June 2010, 724-784).  The vulnerable in our society were being asked to bear a significant burden of pain, despite not being responsible for the banking crisis and from the point of view of social protection and caring for the most vulnerable, she opposed the Bill.  She pointed out that prescription charges in Northern Ireland had been abolished in April, while significant international research showed that any disincentive effects for people to take the medicines that they needed should be avoided.  Phil Prendergast (Labour, labour) said that the charge meant hardship for people with long-term illnesses.  She understood that we were in difficult times and we must look at everything, but a levy of 50c on end  users was not the right way to go about it.  She acknowledged that it was a small sum, but for some people it was too much and there was scope within the system to influence a change in prescribing practices and the use of generic rather than proprietary drugs.

Geraldine Feeney (FF, labour) criticized what she considered to be opposition for the sake of it.  She did not know what one could buy for 50c now, probably not even a bag of crisps and disbelieved the view that a 50c charge would lead people into letting their health fall into disrepair and that they could die.  ‘If that is what she is worried about, does she advocate the government giving free food to people to ensure that they will live and be able to feed themselves.  It was a good Bill, she said and the start of the minister’s reform of the pharmaceutical sector.  Ivor Callely (FF, Taoiseach nominee) said that there was no magic wand that could resolve these issues, but there was waste and a question of the quantities of medicines found in people’s homes.  He did not wish Ireland to lose the 20 pharmaceutical companies that were creating blue chip employment and investing in research and development. 

Nicky McFadden (FG, labour) expressed the view that 50c might not seem like a lot to senators, but if one’s weekly social welfare payment were €160 a week, then it was considerable.  It could make the difference between food on the table and medicine.  One parent families were seriously threatened by this, especially in the content of other proposals to cut the single parent allowance at 14.  They were in the category of being most at risk of poverty, meaning that they could not obtain basic necessities.  They will forego medicines either for themselves or their children.  Fidelma Healy Eames (FG, labour) quoted Sara Burke’s research which found that although there were charges in most European countries, there were not for the poorest 30% of the population. In England, Scotland and Northern Ireland, certain groups were exempt from charges (e.g. people on low incomes, people with chronic diseases, pensioners, pregnant women, children and cancer patients,) with 85% people exempt in England and charges phasing out in Scotland and Northern Ireland.  The amount to be raised from the charges was €42m this year and €52m next.  Medical card holders were the poorest 30% of the population.  Jerry Buttimer (FG, labour) pointed out that general practitioners were giving out samples of tablets because they could not afford to pay for them and chemists were giving prescription medicine on tick so that people could pay back so much per week.

Niall O Brolchain (GP) asked whether the charge would really stop people from buying medicines.  Some people thought it might stop people seeking unnecessary prescriptions.  There was an overuse of antibiotics and we needed to change our culture.  He would be concerned if the 50c levy meant that people who needed medicine were prevented from getting it, but he did not believe that this would happen.  Perhaps a review mechanism could be built in to the legislation.

Responding to the debate, the Minister for Health and Children, Mary Harney, pointed out that everyone on a long-term illness card would be exempt, as would be people on methadone and children in care.  The situation of homeless people would be discussed later, because of the issue of distinguishing between whether a person with a medical card was homeless or not. On the committee stage, she added that she envisaged that asylum seekers living on €19 a week would be excluded.  Mary Harney pointed out that almost every country in western Europe provides for co-payment, even for very poor people.  This had been contradicted by someone who is supposed to be a health analyst, but she was incorrect.  The minister accepted that if there were no financial pressures, she would probably not be doing this.  It was by no means the first item on her agenda, which was why she addressed the issues of distribution, wholesale margins, retail payments and payments to manufacturers last year.  We were doing this as a contribution to saving money and she hoped that it would make us all think about the medicine we were using and in particular doctors to discuss with their patients whether they needed a prescription just because they visited their doctor.  The Bill passed 29-19.

When the Bill reached the Dail, the Minister for Health & Children, Mary Harney explained that 35% of the population, or 1.55m people, held medical cards.  The cost of medicines to pharmacies rose from €748m in 2004 to €1.129bn in 2008 and €1.179bn in 2009, projected over €2bn in 2010.  James Reilly (FG, Dublin N) expressed ‘vehement opposition’ to an ‘attack’ on the most vulnerable, sickest and weakest in society, while tough decisions on generic prescribing had been long-fingered.  Likewise, Jan O’Sullivan (Lab, Limerick E) objected because it was the poor who would be affected by it.  The Bill copper-fastened inequalities in society, yet we knew that the wealth of the country improved if society were more equal..  The people affected had already seen their incomes reduced in the last budget.

Caomhghin O Caolain (SF, Cavan Monaghan) attacked the charge as ‘pure deception’ because the minister could vary the charges in the future by regulation.  The government deserved no credit for imposing a lower increase than that proposed by McCarthy (€5) – it was still poison.  She was opening the way to higher prescription charges in the future.  Access to essential medicines free of charge had always been the cornerstone of the medical card scheme and had lifted a potentially huge financial burden from people on low incomes.  Instead, the focus of the government should be on generic drugs and controlling gross profiteering.

On the committee stage, Jan O’Sullivan proposed that homeless people be exempt from the charge.  James Reilly raised questions as to how chemists would collect the charge from people who had no money and that they would end up depriving people of their medicine.  The minister explained that she had sympathy with the proposal and people living in hostels or other institutional accommodation would not be obliged to pay as the institution had a generic medical card.  She could not exclude other homeless people who were not identifiable as such.  The Bill was passed on final stage 78-67.


Referendum on children

in Child welfare, Deputies, Issue 7, Justice, Rights, Social policy, Taoiseach

The Taoiseach was questioned as to the reasons for the delay in holding a referendum that would protect the rights of children (Dail Eireann, Debates, 30th June 2010, 11- 16; 29th June, 775-6).  He told the Dail that the senior officials group on the issue had met twice and almost completed its work.  A range of implications had been identified by the Office of the Attorney General. The government must check out the financial implications, whether resource or other issues arose, if the acknowledgment of rights was sufficient and correct and whether the constitutional language provided the necessary clarity.  All these issues had to be teased out.  He wanted to bring forward a referendum but he wanted to do so correctly and get the work done departmentally and interdepartmentally.  The government had to work out what were the implications of the referendum and the unintended consequences that could arise:  ‘every statement must be constitutionally right’.  Judges would have to decide what was meant when this or that or the other was stated.  What were the financial implications and resource requirements?  This was not a simple matter and we had to do this in a careful and considered way.  To suggest that the government was prevaricating, sitting on its hands and this was simple stuff and we should have the referendum in September was to ignore the reality.  They had to ask what were the sectoral implications for education, health or any area involving children’s rights?  What was the nature of interventions that were suggested in the wording?  What impact would that have on family rights or on children’s rights?  What further acknowledgment of existing rights beyond what exists in the constitution were we talking about?  Constitutional law must be very carefully considered.  We did not do a service to the children of Ireland if we did not bring forward something that could not be validated or acknowledged in the constitution.  We did not want to end up in a situation where the words proposed could involve judges’ interpretations that were unintended or could have consequences beyond the ability of the executive.  The question of financial resources should be checked because the issues that arose were considerable.  ‘We do not want to end up with judges making allocations of resources.  The separation of powers must be respected’. 

Eamon Gilmore (Lab, Dun Laoghaire) accused to Taoiseach of telling the house that because there was such a range of resource and financial implications, then the government had dropped the referendum.  The Taoiseach, though, told him that they were in the throes of discussions.  The scope and content of what was being discussed had far wider implications that one would expect.  When one got into it, this was an area that was becoming very complex and not easily resolved.  When we became clearer as a result of the work, we could come back and discuss it based on a clear and cogently based view of where we were.  The examination was taking place at government and inter-departmental level.  A senior officials groups was working on it and he had had a discussion on it last night at ministerial level to get a full view of where the work was currently.  He accepted that this would be a difficult area to resolve and push through, but this did not in any sense dilute the commitment of the government to the issue and he reiterated his commitment to act properly and correctly.

The Dail also debated the implementation plan for the Ryan report (Dail Eireann, Debates, 9th June 2010, 785-820).  The Minister of State at the Department of Health & Children, Barry Andrew, explained that the plan, adopted a year ago, provided for €15m in 2010 as part of a four-year timeframe.  The government was committed to filling 270 HSE social worker posts by end 2011, with 200 to be filled by the end of this year.  He rejected proposals that child protection services be taken away from the HSE and given to a new entity.  It would take several years to establish a new structure and valuable time would be lost in creating a new entity.  ‘A new name does not guarantee strong leadership, effective team-working and standardized ways of delivering a professional service’.  James Reilly (FG, Dublin N) though described the HSE as ‘not fit for purpose and should not be trusted with the care of our children’.

Alan Shatter (FG, Dublin S) described child protection services as dysfunctional and very little changed.  Only 25 social workers had been recruited and records were kept in unsecured disorganized loose leaf notes that were falling apart, files were missing, notes were not signed or dated and items belonging to children had fallen from files.  Caomhghin O Caolain (SF, Cavan Monaghan) said that all of this was coming at a time when the state was cutting back social welfare,  education and health services in a way that hit marginalized families and vulnerable children most.  ‘They are the essential supports which help address child poverty and neglect’. Why did it require a seemingly endless series of exposés, investigations and reports to get things right? he asked.  Some children in State care had not received a visit from a social worker for ten years or more and many files were incomplete, incorrectly recorded or missing. Denis Naughten (FG, Roscommon – South Leitrim) added that since 2000, 508 migrant children placed in HSE accommodation had disappeared and only 67 traced.

Concluding the debate, the minister of state said that the government was on target, except in the one area of homeless children.  He criticized those who spoke of the need for 1,200 social workers, for he did not believe that this would solve our problems.  Doubling the number of social workers could have the effect of doubling the number of suspected cases and flooding the system with reporting.  ‘We should forget about 1,200 social workers because it will not happen.  The 200 social workers recruited this year and a further 70 next year will allow us to achieve the basic targets we need to ensure we have allocated social workers’.

> Children in foster care and at risk: Seanad Eireann, Debates, 13th July 2010, 392-3; children in direct provision: Dail Eireann, Debates, 7th July 2010, 261-3; aged-out minors: Seanad Eireann, Debates, 2nd July 2010, 933; missing children’s hotline: Dail Eireann, Debates, 9th June 2010, 997

> Work of the National Education Welfare Board: Dail Eireann, Debates, 1st July 2010, 647


The begging problem

in Child poverty, Child welfare, Deputies, Issue 7, Social policy

The levels of begging were raised during the debate in the Criminal justice (public order) Bill (Dail Eireann, Debates, 10th June 2010, 35-45).  Deirdre Clune (FG, Cork SC) spoke of how many people who were homeless found themselves begging for many reasons.  The obvious comment was that many did not have an address from where they could claim allowances.  Both she and Michael Kennedy (FF, Dublin N) acknowledged the work of the Simon Community and the Society of St Vincent de Paul in assisting homeless people.  Johnny Brady (FF, Meath W) stated that the level of begging had increased enormously across the country.  Some said that it was due to the downturn in the economy, but it had been evident in Dublin in good times as well as bad, for whatever reasons.  The number of foreign nationals begging had increased fourfold.

Aengus O Snodaigh (SF, Dublin SC) cited several organizations which questioned the Bill, such as the Human rights Commission and Barnardos.  Focus Ireland had also concluded that the Bill would not make any real difference or do any real good.  If we were genuinely concerned about begging, there were better ways of spending money.  He cited the Leanbh service developed by the Irish Society for the Prevention of Cruelty to Children (ISPCC) in 1997 to address child begging, offering a round-the-clock service to children, young people and their parents at risk of begging.  Like many other charities, it had been hit by a fall of donations. The welfare services of the Health Service Executive could not cope with their workload.   He also criticized the Habitual Residency Condition (HRC) which made people destitute.  He had come across desperate scenarios of poverty and people being forced to sleep on floor or the street.  All of them had applied for one form of social protection or another but were refused on the basis of the HRC which was a requirement even for the most basic emergency welfare payments.  He guaranteed that 90% of those begging could not afford any fine under the legislation, let alone the €400.  The way to address the problem was by investing in social protection, literacy and education.


Active citizenship

in Deputies, Issue 7, Tanaiste and full ministers, Voluntary sector, Volunteering

Asked about the government’s progress on its policy for active citizenship, the Minister for Community, Equality and Gaeltacht Affairs Pat Carey told the Dail that the steering committee had initiated an audit of community, sports and arts facilities. 32 of the 34 local authorities had now completed their audits, with two still in progress.  The Department of Education & Skills had encouraged schools to make their premises available for the use of community and other groups.  The National Council for Curriculum Assessment had developed a syllabus for a full optional exam subject ‘Politics and society’ as an extension of Civic, Social and Political Education (CSPE).  Active citizenship would be the main theme of Social Inclusion Week in October as part of the EU year for combatting poverty and social exclusion.  The steering committee had been liaising with the department on active citizenship awareness and practical activities to be undertaken by communities, working with the local authorities around the country that week (Dail Eireann, Debates, 1st July 2010, 440-1).

The Minister for Community, Equality and Gaeltacht Affairs Pat Carey told Caomhghin O Caolain (SF, Cavan Monaghan) that the steering group for active citizenship, which had been transferred from the Department of the Taoiseach to his department in May 2010, had met five times, – once in 2008 and four times in 2009 (Dail Eireann, Debates, 6th July 2010, 981).  Details of its budget for 2006-2010 were listed (nil in 2010 to date).  He welcomed the integration of its work into the department, which would complement his other work in voluntary activity and community development.  He had met with the chairperson, Mary Davis, to discuss how to progress the agenda.


European targets against poverty

in Deputies, Europe, Issue 7, Poverty and social inclusion, Tanaiste and full ministers

Returning to an issue in Oireachtas Brief 5, the Taoiseach reported on the summer European Council meeting on the outcome in setting targets for the reduction of poverty (Dail Eireann, Debates, 7th July 2010, 44-5).  The Council had signed off on the five headline targets under the Europe 2020 strategy for jobs and smart, sustainable and inclusive growth.  In the area of social inclusion, the aim was to lift at least 20m people out of the risk of poverty and social exclusion.  The Minister for Foreign Affairs, Micheal Martin told Lucinda Creighton (FG, Dublin SE) that the focus had now shifted to the work to be undertaken to ensure that the strategy was successful and translate EU headline targets into national targets.  Member states, including Ireland, must now work to agree national targets and potential bottlenecks, but he mentioned that Ireland had already exceeded its target of 40% of 30-40 year olds having third level education and our school drop out rate of 11.3% was close to the target of 10%.  A series of bilateral dialogues with each member state had taken place to discuss this process, enabling member states to point to specific national situations affecting their target setting (Dail Eireann, Debates, 6th July 2010, 734-6). 


Fuel poverty

in Fuel poverty, Issue 7, Tanaiste and full ministers

Olwyn Enright (FG, Laois Offaly) again raised the issue of fuel poverty arising from the introduction of carbon taxation on 1st May (Dail Eireann, Debates, 29th June 2010, 751-3) and the Minister for Social Protection, Eamon O Cuiv explained to her the work of the inter-agency group which was drawing up an energy affordability strategy.  She told the Dail that she had no faith in the inter-agency group.  The first time its members attended a meeting of the Oireachtas committee on social and family affairs three or four years ago was probably the worst joint committee meeting she had ever attended.  All the members were horrified at the lack of information the delegates were able to provide.  The group had not been meeting for some years, but we had yet to see a report.  When would it be published?

The minister explained to her that she expected to receive its report over the summer period.  It would have to go to cabinet, after which a decision would be taken on how to assist those at risk of fuel poverty.  He envisaged a duel approach of cash assistance and helping people to reduce their energy requirements.  People living in rented accommodation were far more likely to be cold than those in owned accommodation. 


> Other debates

in Issue 7, Other debate references

> Innovation and job creation: Seanad Eireann, Debates, 22nd June 2010, 481-508

> State of the health services: Seanad Eireann, Debates, 16th June 2010, 302-325

> Carers and carer services: Seanad Eireann, Debates, 13th July 2010, 418-435; carer’s allowance: Dail Eireann, Debates, 29th June 2010, 851-4, 862

> Suicide levels and services: Dail Eireann, Debates, 1st July 2010, 418-420

> Report Hidden messages – overt agendas: Dail Eireann, Debates, 24th June 2010; work permits: Dail Eireann, Debates, 9th June 2010, 845-8, 856-7

> Waiting times for social welfare appeals: Dail Eireann, Debates, 29th June 2010, 760-3

> Progress of Visions for Change programme for mental health: Dail Eireann, Debates, 8th July 2010, 511-514, 619