Ged Nash
Ceist:
464. Deputy Ged Nash asked the Minister for Justice if any State, semi-State or commercial semi-State agency under the aegis of their Department is aware of any cases of bogus self-employment in any bodies under their remit from 2020 to 1 May 2024; if they will outline if there are currently any cases from such agencies or bodies currently before the SCOPE section of the Department of Social Protection for investigation or determination; if there are any SCOPE findings and recommendations relating to any agencies or bodies under their remit where SCOPE has found in favour of the worker, and where they recommended the reclassification of the workers’ employment status to that of direct employee between 2020 and 1 May 2024; if they will provide information on the numbers involved and the names of the individual agencies and bodies in all cases; and if she will make a statement on the matter. [21696/24]
Amharc ar fhreagra
It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
The following deferred reply was received under Standing Order 51.
I refer to your Parliamentary Question No. 464 which was for answer on 13 May 2024 and which asked: “To ask the Minister for Justice if any State, semi-State or commercial semi-State agency under the aegis of their Department is aware of any cases of bogus self-employment in any bodies under their remit from 2020 to 1 May 2024; if they will outline if there are currently any cases from such agencies or bodies currently before the SCOPE section of the Department of Social Protection for investigation or determination; if there are any SCOPE findings and recommendations relating to any agencies or bodies under their remit where SCOPE has found in favour of the worker, and where they recommended the reclassification of the workers’ employment status to that of direct employee between 2020 and 1 May 2024; if they will provide information on the numbers involved and the names of the individual agencies and bodies in all cases; and if she will make a statement on the matter.”
You will recall that at the time, I undertook to seek the information requested and revert to you. With apologies for the delay in issuing a further response, the information requested is provided below.
While there are no cases which would fall into a category such as the Deputy has described, I can inform the Deputy that a case, involving an employee in the Irish Film Classification Office (IFCO) was investigated regarding the insurability of the role for employment purposes during the period 2012 to 2017.
In February 2024 there was a finding in favour of the applicant, namely that the person concerned was insurable for benefits and pensions purposes. The decision clarified the insurability of the role and entitlement to particular social welfare benefits and represented a reclassification of the role as it was at that time. People appointed to this role since 2017 are subject to revised arrangements in respect of PRSI.
The term ‘bogus self-employment’ is not appropriate to this case, and the same is true of many cases of misclassification of employment, which do not involve a deliberate or fraudulent misclassification of an employee as self-employed.
