Thread by @williamhboney1

Dept. Social Protection, in the PAC, 9.30am, Thursday 9th December.

Fact - Test Cases to label workers as self-employed by group/class are unlawful.

October 2000 - The SecGen of the SW Dept wrote to the PAC and said that the Dept SW was labeling all couriers as self-employed >

based on 'precedents' set in a 'Test Case' of 1 (one) courier in the Social Welfare Appeals Office in 1995.

January 2019 - The Social Welfare Appeals Office writes:

“On occasion over the years an approach of having ‘test cases’ has been taken or considered by the >

Social Welfare Appeals Office”

December 2019 - The CAO of the Social Welfare Appeals Office tells the Oireachtas SW Committee:

"From the research I did for this meeting, it is my understanding that the precedential case referred to dates back to 1995 and an >

appeals officer’s decision sometime in June of that year. We do not use this or any other case for decisions"

&

"our office does not use test cases"

February 2021 - The Revenue Commissioners, under questioning in the Public Accounts Committee acknowledged that all couriers

are deemed to be self-employed by way of a single precedent first used by the Department of Social Protection dating from the mid-1990s.

In addition, SIPO have ruled that the CAO of the Social Welfare Appeals Office gave 'erroneous information' to the Oireachtas SW Committee

in her denial of the use of test cases, and further her denial of the use of test cases during the period of her tenure as CAO of the Social Welfare Appeals Office.

Corruption doesn't come wrapped up much neater than that.

Deputy Chairperson Catherine Murphy is in the Chair as Chairperson Stanley is delayed.

SecGen of the Dept. McKeon is up first with his statement.

SecGen refers to the report from the Oireachtas SW Commitee report in relation to bogus self employment. It is important to note that SIPO have ruled that the CAO of the SWAO gave 'erroneous information' to that Committee which has not been noted in the committee report.

Deputy Munster on Bogus Self Employment - Asks if Revenue were correct in stating that SW decided courier employment status.

SecGen McKeon is denying that all couriers are deemed self-employed as per revenue evidence.

Deputy Munster asks if Dept SW carry out test cases. SecGen denies the use of test cases. Deputy Munster goes through the list of Ministers who confirm the use of test cases including former Minister Doherty and many more.

the SecGen now again denies the use of test cases for couriers. He refers to 'criteria' but that is not the evidence given by the Revenue Commissioners.

SecGen now admits that test cases are used. Denies again that couriers are labeled as self-employed. This directly contradicts the Revenue Commissioners.

Deputy Munster asks if it is legal to deem a group of workers as self-employed.

The SecGen is again denying the position in relation to couriers given by Revenue.

SecGen tells Deputy Munster to take it up with Revenue.

SecGen McKeon directly denies the evidence given by the Revenue Commissioners in relation to the labelling of all couriers as self-employed.

It is vitally important to note that SIPO have previously ruled that the Chief Appeal Officer of the Social Welfare Appeals Officer gave 'erroneous information' to the SW Committee in denying the use of test case just as SecGen McKeon has just done in the PAC.

This is the letter from SecGen McKeon's predecessor which categorically, undeniably, irrefutably states that the Dept uses test cases to label all couriers as self employed. SecGen McKeon has just denied, on record, in the PAC, that this happened -

The CAO of the SWAO is insisting that the SWAO is 'independent' of the Dept .... as she sits in the PAC, as part of the SW senior management.

*Throws eyes to heaven*

After a short break, the PAC resumes with Chairperson Stanley in the chair.

Incredible and unbelievable statements coming from the SecGen of the SW Department. He claims to be unaware of previous correspondence from his predecessor to the PAC clearly describing a precedential test case which is used to this day to label all couriers as self-employed.

The assistant SecGen of the Dept, Tim Duggan and the CAO of the SWAO were fully aware of this 'test case' but denied that it was used in the SW Committee in 2019.

SecGen McKeon refers several times to the SW Committee report as 'excellent' but fails to inform the PAC that

a SIPO investigation into the denial of test cases by the SWAO CAO at that committee has been ruled 'erroneous information' by SIPO.

Minister @HHumphreysFG has refused to clarify to the SW Committee that SIPO has deemed the evidence given to that committee by the CAO was

@HHumphreysFG 'erroneous information' and the Chairperson of the SW Committee @DenisNaughten refuses to accept the SIPO ruling unless Minister @HHumphreysFG contacts the Committee directly to inform the committee that the CAO's denial of the use of test cases is 'erroneous information'.

@HHumphreysFG @DenisNaughten Deputy Munster correctly highlights the massive contradictions in the evidence given by Revenue and the evidence given by the Dept. Deputy Munster asks secgen McKeon if the dept will permit a full investigation into the misclassification of workers which is ongoing over 20 years

@HHumphreysFG @DenisNaughten years and has deprived the exchequer of millions. SecGen McKeon again denies the use of test cases and the group/class labelling of couriers as self-employed. His denial is clearly contracted by the evidence Revenue gave to the PAC and also the very detailed letter from his

@HHumphreysFG @DenisNaughten predecessor clearly describing a precedential test case to label all couriers as self employed. Deputy Munster pressed the SecGen harder, he refuses to accept that there was a test case (it's there in black and white) and refuses to accept Revenue's evidence that all couriers

@HHumphreysFG @DenisNaughten are deemed self-employed by Revenue and that revenue have clearly said that decision came from the SW Dept. McKeon says the PAC are free to order an investigation but that he will not.

Never has corruption been so clearly highlighted in the Public Accounts Committee. It is now

@HHumphreysFG @DenisNaughten necessary for the SW Minister @HHumphreysFG to come before the Dail, to acknowledge clearly that the CAO of the SWAO gave 'erroneous information' to the SW Committee in 2019, AND that SecGen McKeon gave erroneous information to the PAC in his denial of test cases.

ends.