.@welfare_ie is up before PAC at present. Lots to talk about, there'll probably be quite a bit about bogus self employment, or false self employment as the Dept's sec gen describes it. Watch it here: oireachtas.ie/en/oireachtas-…
McKeon and @ImeldaMunster have long interaction on bogus self employment. Sec gen denies that his dept has responsibility for determining employment status. "There are 3 bodies, we determine in terms of social insurance. We can't do it alone, that can lead to confusion"
He states that neither DSP nor Revenue classed couriers as being self-employed 24 years ago. "I can't speak for Revenue," he says repeatedly. Asked does his own Dept use test cases the answer is "no deputy"
When Munster raises and quotes multiple on-the-record statements regarding DSP using test case, McKeon replies "you have to define what a test case is". He says that the Dept "long before my time" looked at a number of cases to match up the criteria applied by the courts...
... as to what is employed or self-employed. They came up with five tests which are still used in application to each case individually, he says. "If you want to call that a test case, then yes we did," he says
McKeon says "it's just nonsense" to say that all couriers are deemed to be self-employed. When told that Revenue have confirmed same, he repeats "I cannot speak for Revenue". "If Revenue use that criteria then I suspect that is the case". This is all fairly dizzying
McKeon says "it's not comparing like with like". Says that VAT was included in the recent cost benefit analysis in order to take the "conservative approach". He says this was done even tho VAT "is not actually a cost" as "the Govt pays VAT to itself"
Should be said that is not my understanding of how VAT works, you can't have a 'free cost' like that. The State has precedent with this, in that it presumes State land used for a project is seen to be 'free'. That is not the case in practice, everything has a cost
.@CathMurphyTD discussing story re DSP's electricity spend jumping by €500k because the office PCs were all left on to facilitate remote administration by workers at home
McKeon replies that "we've since got secure laptops which does away with this need". They've bought 4,000 such laptops, he says, and office PCs are no longer being left on at all times
Regarding the issue of cyber security in terms of a situation with PCs all being left on (think of the HSE mandating that all workers keep their laptops powered off after the May cyber attack), McKeon says his Dept "takes information security incredibly seriously"
"We were the first Dept to get the cyber security accreditation," he says. Adds his Dept has repelled a number of serious cyber attacks over the course of this year
McKeon says that he disagrees that the soon-to-be-done-away-with JobPath programme was a failure. Says "it has been a reasonably good service"
Asked by Murphy as to the fact "Revenue are telling us one thing, you're telling us something different" regarding who determines someone's employment status, the sec gen refers her to the report on bogus self employment by the Soc Protection committee from June 2021
There was a deal of territorial strife between the two committees regarding that report, if memory serves. McKeon describes it as "very comprehensive". Note that bogus self employment guru @williamhboney1 has described that report as "a disgrace"
He says he doesn't believe it's the case "that everyone in a sector is dealt with in the same way". "People say that but I've yet to see the evidence"
Sec gen does agree that report's recommendation that all employment status decisions be centralised at the WRC, "is not a bad recommendation"
.@ImeldaMunster says that she is "deeply dissatisfied" with the responses from Revenue and Social Protection. Calls for a full independent investigation into bogus self employment. Says she's sure the sec gen will agree. He does not
"I don't think one is necessary," he says
Very narky interaction between Munster and McKeon now. She says the 1997 deal re couriers "has cost the State millions and has screwed over workers". Asks for a yes or no answer re the idea of an independent investigation, something Revenue has already rejected
"I don't think there is a yes or not answer to a question that lasts five minutes," McKeon replies. Accuses Munster of being "somewhat disingenuous". Says "I won't support your proposition, but if the PAC wants to recommend one that is entirely within its gift"
Sec gen tells committee chair that he is "not aware of any deal, I'm assured there is no deal" regarding the single test case from 1995 allegedly being used to determine self-employment status for couriers
"If there are workers who are not happy with their status they can still come to us," he says
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It's a major, if flawed, result for the DPC after a torrid couple of weeks. Most importantly it sees the State in a major climbdown when taking a case against its own regulator, a patently absurd situation, but all the more problematic given big tech fights DPC has on its hands
It is also relevant for those paying attention to civil servant big boss Robert Watt - he of the €292,000 salary - the extension of the PSC without legal backup to all public services was driven primarily by him in his role as secretary general of @IRLDeptPER
You might think however from the result that the PSC is nevertheless here to stay. Perhaps, perhaps not. One of the major repercussions from today will be a cleared pathway to an investigation being made public into the biometrics of the card
Latest from NPHET - 1,571 cases reported. 14 day incidence rate is now 526 per 100,000 people, a figure NPHET describes as "an extremely high incidence of disease"
Modelling chief Philip Nolan says that the peak of the disease is still likely to be mid-September. Says Ireland's 14 day incidence rate is now significantly over the EU threshold
There have been 41 admissions into hospital each day over the past 5 days, and 5 admissions into ICU, figures which are seven times what they were in July, when the average was 6 admissions per day
.@HSELive media briefing re #covid19ireland. Paul Reid, CEO of HSE, encourages social distancing. "It really does matter that much". Says people blaming the young doesn't help. "That won't win hearts and minds"
Reid says the HSE has had "really good dialogues" with the private hospital and hotel industries regarding sourcing space to manage the virus
There are now almost 1,200 people working on contact tracing of those with the disease. Just 40 people were doing so at the beginning of the crisis
Minister for Employment Affairs and Social Protection @ReginaDo is up before the Oireachtas Committee on her dept in the next few mins to talk some #PSC. Her first appearance since the whole farrago broke in August. Watch it here oireachtas.ie/en/oireachtas-…
@ReginaDo Nothing particularly new in the opening statement, tho it does push the PSC's genesis back to December 1993 and the Government approval of "an integrated social services system", which is fairly emblematic of the strategy of legitimising the card by dint of decades of development
Department is still waiting on @DPCIreland enforcement notice says the Minister. When that happens it will be "carefully considered" before "appropriate actions" are taken. "This may include a referral to the courts". Short'n'sweet #PSC
John McKeon, sec gen of @welfare_ie will be before the Public Accounts Committee shortly for the first time since the #PSC was declared illegal by @DPCIreland. You can watch it here, there should be some interesting questions... oireachtas.ie/en/oireachtas-…
@welfare_ie@DPCIreland Ahead of that, the committee is discussing the Dept Finance's denial of transparency re barrister costs for the Apple appeal citing GDPR, something the @DPCIreland has utterly debunked. "This sets a very worrying precedent," says @alankellylabour
@welfare_ie@DPCIreland@alankellylabour DPC getting props for its own transparent submission to the comittee in which it detailed the costs it paid out over the past year and how much the investigation into the #PSC cost
.@DPCIreland Helen Dixon is up in front of the Public Accounts Committee, starting now. Ostensibly to discuss the commission's accounts for 2018. However, you can also expect a certain not-a-national-ID-card to have a starring role #PSC Watch here: oireachtas.ie/en/oireachtas-…
@DPCIreland Sinn Fein's David Cullinane probing Dixon about when fines of €1 million under GDPR can come into play. "The DPC decides and adjudicates in terms of the fine, and the court applies fine if there is no appeal," Dixon says