I wanted to prove that SIPO deliberately lies so over the last week I set out to prove it.
This story starts on the 24th of November 2020. I wrote to SIPO and made a complaint that On Thursday 5th December 2109, the Chief Appeals Officer of the
Social Welfare Appeals Office, Ms. Joan Gordon, deliberately lied to the Social Welfare Oireachteas Committee investigating Bogus Self Employment.
In the Committee, Ms. Gordon stated "Our office does not use test cases" -
In my complaint to SIPO, I attached a letter from the Social Welfare Appeals Office dated January 9th 2019 written just 11 months before the Chief Appeals Officer's denial of test cases to the Oireachtas Social Welfare Committee. This letter categorically states:
"An approach of
having 'Test Caes' has been taken or considered by the Social Welfare Appeals Office"
In my complaint to SIPO, I also enclosed a letter dated October 2000 from the Secretary General of the Dept. Social Welfare to the Chairman of the PAC. In this letter, the SecGen defines what
a 'Test Case' is, and categorically confirms that the Department of Social Welfare has been using 'Test Cases' since at least 1995, and that these 'Test Cases' are from the Social Welfare Appeals Office.
On Feb 22nd 2021, SIPO replied as follows:
"Dear Mr McMahon,
I refer to previous correspondence in respect of the above. At their meeting on 22 January 2021, the Commission considered your complaint and noted that the erroneous information provided by the respondent >
to the Committee was subsequently clarified by the Minister for Employment Affairs and Social Protection. Having considered your complaint, the Commission is of the view that it does not merit further investigation"
10 months later, Minister for Social Welfare @HHumphreysFG wrote to the Privileges Committee and categorically denied that SIPO had ever contacted the Department or the Chief Appeals Officer. The Minister further denies that she has ever 'Clarified' the issue of 'Test Cases'.
On Wednesday last, 17th August 2022. I wrote to SIPO and attached the Minister's signed denial of having 'clarified' the issue of test cases to SIPO.
I wrote:
"on the 22nd of February 2001 you wrote to me and stated "At their meeting on 22 January 2021, the Commission
considered your complaint and noted that the erroneous information provided by the respondent to the Committee was subsequently clarified by the Minister for Employment Affairs and Social Protection"
In December 2001, the Minister for Employment Affairs and Social Protection >
wrote to the Privileges Committee and completely denied that she had clarified the Chief Appeals Officer's denial of test cases to SIPO and states clearly that SIPO never bothered to contact the department or the SWAO at all.
Simple question, why did SIPO lie to me?"
Today, 22nd August 2022, I got the following reply from SIPO -
"I wish to acknowledge receipt of your correspondence of 17th August 2022 to the Standards in Public Office Commission (the Commission). I also wish to inform you that Ms XXXX no longer works for the Commission but >
that records of all issued correspondence, with respect to your complaint, are intact.
I draw your attention to an email of 21st July 2021 from Ms XXXX which outlined the Commission’s decision. It was noted that the response provided by the Minister to a Parliamentary Question >
posed by Deputy Paul Murphy on 18th December 2019 clarified the issue regarding the use of test cases. As previously stated, as the matter was already publicly clarified by the Minister, the Commission determined that there was no cause for further action in this regard"
Today I replied to SIPO as follows:
"Dear Mr. XXXXX, the Minister has denied, in writing, that the Minister clarified the issue of test cases. The Minister has denied that the Minister proffered the reply to Deputy Murphy's PQ as 'clarification' of the issue of test cases. >
Indeed, the Minister has stated, in writing, the SIPO never bothered to ask the Minister nor the Chief Appeals Officer, this despite SIPO referring to the CAO as a 'Respondent'. SIPO lied to me, SIPO never asked the Minister to respond, the Minister did not proffer the reply to
Deputy Murphy's PQ as a 'clarification' as both Deputy Murphy and I brought to SIPO's attention at the time. The Minister's reply to Deputy Murphy clearly states that the Chief Appeals Officer would be happy to explain her comments, but SIPO never asked, instead SIPO lied to me.
These are the facts Mr. XXXXX. I expect you to deal with facts, the Minister categorically denies in writing that she has issued any clarification on the issue of Test Cases. SIPO is contradicting the Minister. Sincerely Martin McMahon"
SIPO lies to cover up for serious
wrongdoing. The evidence is irrefutable. SIPO is blatantly making up lies which directly contradict the Minister's written evidence. SIPO are lying to cover up for a top civil servant who deliberately misled an Oireachtas Committee.
I got another reply back from #SIPO yesterday (24/8). Before I get into it, a quick recap. #SIPO lied to me, they told me that the Minister had provided 'Clarification' of 'Erroneous Information' given to the Oireachtas Social Welfare Committee by the Chief Appeals Officer. #SIPO
was forced to admit that the Chief Appeals Officer had given 'erroneous information' to the Committee because I gave #SIPO the written evidence from the Dept. Social Welfare and the Social Welfare Appeals Office admitting to the use of test cases from 1995 which are still in use
by SWAO, the Dept and the Revenue Commissioners today.
10 months after #SIPO insisted that the Minister had given 'clarification' of the Chief Appeals Officer's 'erroneous information', Minister @HHumphreysFG denied in writing to the Privileges Committee that #SIPO had ever
@HHumphreysFG contacted the Minister about my complaint. Minister @HHumphreysFG far from 'Clarifying' the Chief Appeals Officer's 'Erroneous Information' to #SIPO, has repeatedly denied the use of test cases.
The Minister has landed #SIPO up to their necks in it. Had the Minister not denied
@HHumphreysFG that she had 'clarified' the CAO's 'erroneous information' to the Privileges Committee, #SIPO would have gotten away completely with lying to me and covering up for the most serious wrongdoing by the Chief Appeals Officer.
@HHumphreysFG In my complaint to #SIPO on the 24th of November 2020, I attached a copy of a Dail question from Deputy @paulmurphy_TD to the then Social Welfare Minister @ReginaDo. In his question, Paul asked the Minister to 'correct the record' on the Chief Appeals Officer's denial of test
"On the 18th of December 2000, Deputy Paul Murphy raised the issue of Ms. Gordon's lie to the Committee with the then Minister for Social Welfare who committed
As you can see from @ReginaDo's reply to Paul, then Minister @ReginaDo refused point
@HHumphreysFG@paulmurphy_TD@ReginaDo blank to 'clarify' the Chief Appeals Officer's 'Erroneous Information' to the Oireachtas SW Committee and instead completely contradicted #SIPO's statement that the Chief Appeals Officer had given 'erroneous information' to the committee. Minister @ReginaDo backed up her
@HHumphreysFG@paulmurphy_TD@ReginaDo Chief Appeals Officer to the hilt, categorically denying that the Chief Appeals Officer had given erroneous information. In her reply to Paul's PQ, Minister @ReginaDo concluded with -
"I am advised that in the circumstances the Chief Appeals Officer does not consider that a >
Crystal clear, Minister @ReginaDo did not 'clarify' the CAO's erroneous information, @ReginaDo doubled down on the erroneous information and denied that the Chief Appeals Officer had given erroneous
@HHumphreysFG@paulmurphy_TD@ReginaDo information. This reply from @ReginaDo contradicts #SIPO's conclusion that the Chief Appeals Officer had given erroneous information to the Committee. #SIPO and the Minister should have been on a collision course over the CAO's lies to the Oireachtas Committee. But then #SIPO
I wish to acknowledge receipt of your correspondence of 22nd August 2022 to the Standards in Public Office Commission (the Commission).
As part of the initial assessment of the matter the Commission
@HHumphreysFG@paulmurphy_TD@ReginaDo considered the statement issued by the Minister in response to the Parliamentary Question from Deputy Murphy. In her response the Minister stated that:
@HHumphreysFG@paulmurphy_TD@ReginaDo “The Chief Appeals Officer has advised me that the discussion in relation to the use of ‘test cases’ before the Joint Committee on Employment Affairs and Social Protection on 5th December 2019 related to a particular set of
@HHumphreysFG@paulmurphy_TD@ReginaDo circumstances dating back to the early 1990s… The Chief Appeals Officer has advised me that the test cases were not used to determine a particular outcome on a 'group basis’… The Chief Appeals Officer has also advised me that she does not as a rule
Based on the response from the Minister the Commission were satisfied that the issue had been clarified & did not consider it necessary to contact the Minister or the Chief Appeals Officer seeking further clarification on the matter"
@HHumphreysFG@paulmurphy_TD@ReginaDo So, lets take the last part first. #SIPO is stating that it did not seek 'further clarification' on the matter. As per @HHumphreysFG written and signed statement to the Privileges Committee, #SIPO did not seek ANY clarification from the Minister. The statement that #SIPO did not
@HHumphreysFG@paulmurphy_TD@ReginaDo 'further' clarification is a complete and utter lie, the true factual position is that #SIPO never communicated with the Minister at all and that the Minister had not provided any clarification of any kind.
#SIPO have quoted a section of the Minister's reply to Paul Murphy as 'proof' that the Minister 'clarified' the CAO's 'erroneous information'. The section of the Minister's reply is
Remember now, #SIPO never sought clarification from the Minister, somebody in #SIPO decided that this absolute denial of test cases by the Minister was to be put to me as a 'clarification' of the 'erroneous information' given by the CAO to the Committee which
@HHumphreysFG@paulmurphy_TD@ReginaDo it clearly is not. Now we get even further into #SIPO's corruption. #SIPO's selective selection of 3 lines from @ReginaDo's denial of test cases, completely and utter ignores @ReginaDo's unequivocal denial of the use of test cases which is highlighted below.
@HHumphreysFG@paulmurphy_TD@ReginaDo That's a lot of info, so quick recap. #SIPO never asked the Minister to clarify the CAO's erroneous information, instead #SIPO literally pulled an unequivocal denial of test cases by @ReginaDo out of their arses and insisted to me that it was a 'clarification' of the CAO's
"Dear SIPO, contrary to your assertion that it was clarified by the minister, it was not. Indeed, the former Minister stated that the CAO would clarify her own contradictions which has yet to happen. I do
@HHumphreysFG@paulmurphy_TD@ReginaDo not accept your conclusion and ask that you point to exactly where you claim the minister has clarified anything. Sincerely, Martin McMahon"
The following day, 23rd Feb 2021, I wrote to #SIPO again:
"Further to my email (yesterday), I have contacted several members of the >
@HHumphreysFG@paulmurphy_TD@ReginaDo Committee on Bogus Self Employment who have confirmed that the committee has not received any notification from the Chief Appeals Officer, the Department of Social Welfare nor from the Minister that the statement from the Chief Appeals Officer was 'Erroneous'. >
@HHumphreysFG@paulmurphy_TD@ReginaDo It is a fact that the Committee was deliberately misled by the CAO and the record has yet to be corrected with the committee. Can you please explain why you claim that the CAOs statement was erroneous yet the record has yet to be corrected? Sincerely Martin McMahon"
#SIPO's email to me yesterday was the first time #SIPO pointed to any section of @ReginaDo's Dail reply, and not by any stretch of legal definition can
@HHumphreysFG@paulmurphy_TD@ReginaDo a complete denial of the use of test cases be considered a 'clarification' of the 'erroneous' denial of test case to the Oireachtas SW Committee by the CAO.
Considering that #SIPO never asked the minister for clarification, that the minister has utterly denied that #SIPO
@HHumphreysFG@paulmurphy_TD@ReginaDo contacted her, the Dept or the Social Welfare Appeals Office, the STANDARD of 'clarification' #SIPO decided to pull from their arses to fob me off with, would have to reach a very high bar, but it doesn't, it clearly is not a 'clarification' of erroneous information, it is an
Since #SIPO lied to me in 2021, minister @HHumphreysFG has denied in writing, multiple times, most notably to the Privileges Committee, that her Dept and
@HHumphreysFG@paulmurphy_TD@ReginaDo the Social Welfare Appeals Office use or have used test cases. Indeed, Minister @HHumphreysFG went as far as presenting a doctored version of @ReginaDo's reply to the Privileges Committee which deliberately excludes the CAO's continued denial of test cases, that the Minister
@HHumphreysFG@paulmurphy_TD@ReginaDo backed to the hilt her CAO's denial of test cases and also introduces a line which was never in the original Dail reply from @ReginaDo. What this line states is "I hope this clarifies the position for the Deputy".
It is an undeniable fact, that the only time the word 'Clarify'
It's important, because the Social Welfare Appeals Office is currently denying the use of test cases to workers who ask for them, most notably (but not exclusively) the SWAO is denying the use of test case to @rte workers. They are being
The Chief Appeals Officer, former Minister @ReginaDo and current Minister @HHumphreysFG all falsely deny that the Chief Appeals Officer lied to the Oireachtas Social Welfare
@HHumphreysFG@paulmurphy_TD@ReginaDo@rte I sent my email of this info to #SIPO last Thursday (24th August 2022). #SIPO had two choices, either act on the 'Erroneous Information' they admit the Chief Appeals Officer gave to the Oireachtas Social Welfare Committee and apologise for not seeking clarification from the
The #EvershedsReview is @RTE's privileged legal advice.
The #EvershedReview was used to make insurability of employment determinations on individual workers in @RTE who are not allowed to see how that decision making process worked.
On foot of the #EvershedsReview, 396 people were given their marching orders from @RTE.
On foot of the #EvershedsReview, a number of bogus self employed employees working for @RTE were re-classified by @RTE as employees.
The contracts the newly reclassified workers were offered are 'Yellow Pack' contracts, in that the T&Cs of these contracts are far less than the individual employees would have received had the employees been correctly classified by @RTE in the first instance.
The employees who were misclassified by @RTE, in some cases up to 30 years of being misclassified by @RTE, have not received any recompense for any of the statutory benefits and pensions they would have received had @RTE acted lawfully in the first instance.
The misclassification of employees as self employed is a number of criminal offences on the Statute books under SW legislation. The criminal offences on the statue books were explained in detail to the Oireachtas SW Committee in 2019 by the head of PRSI collection for the Department of Social Protection as follows:
But before I get into the meat and bones of the #EvershedsReview, the 'Why' of the #EvershedsReview must be explained.
Why does it exist at all?
In July 2017, I met with incoming Social Welfare Minister Regina Doherty in the Pilo Hotel in Ashbourne. I've been a #whistleblower about bogus self employment since 1999.
I told Regina exactly what I've told every SW Minister since 2000, the Department of Social Welfare is using unlawful 'Test Cases' to label groups and classes of employees as self employed thereby giving selected employers 'Illegal State Aid'.
I also asked Regina to contact a Barrister who represented the SW Minister and to ask if the Chief State Solicitor's Office had ever been informed of deliberately falsified evidence presented on behalf of the Department in legal proceedings in a pivotal insurability of employment determination in 2001.
Later in 2017, @drivetimerte did a series of programs about bogus self employment. On the 31st of October 2017, Philip Boucher Hayes tweeted one of the @drivetimerte programs with the caption:
The situation in @RTE about bogus self employment is now so farcical that the leader of an opposition party was deliberately, and provably, misled by the Tanaiste @MichealMartinTD
I will be laying out the facts of this situation.
@sinnfeinireland @socdems @labour @pb4p
Let me begin with the one immutable, universal truth which all parties agree upon:
'Each Case Must Be Taken On An Individual Basis'
This is not optional, negotiable or disputable.
During Leaders's Questions on 15th February, the Tanaiste misled @labour leader @ivanabacik -
The text of the Tanaiste's reply is as follows:
"I would agree with the Deputy on almost everything you have said. I think your point about bogus self employment contracts was very valid. I think you have consistently raised this, it is a very serious issue and there is a very significant comprehensive investigation underway. The Department of Social Protection commenced that investigation into the PRSI classification of RTE Contractors. RTE provided the Department with a list of 695 workers engaged on a contract basis in 2018, 2019 and 2020 and these formed the basis of the investigation. It's a significant investigation and I think this is a very serious issue which undermined potentially the rights of many workers within RTE. Decisions have issued in respect of about 131 workers. 89 workers were found to have employee status and class A PRSI applies while 42 were found to be self-employed and insurable of class S PRSI. 48 decisions have been appealed. It's important that that investigation continues. A total of 1.7 million in compliance has been notified to RTE to date and the total liability repaid to date by RTE amounts to 1.2 million. That investigation has to conclude but there is a fundamental question there in terms of future workforce composition and rights and entitlements to people working for RTE and not pressure on workers to declare themselves to be independent contractors as opposed to be essentially doing the same work as they were doing as employees and losing out on entitlements consequent of being full time employees"
Ireland's biggest fraud began long before 2000 but it was in 2000 that the Public Accounts Committee first began it's investigation into #IrelandsBiggestFraud.
On the 25th of January 2024, 23 years 6 months and 1 day after Jim Mitchell, the PAC
Chairperson began this investigation, Brian Stanley, the current PAC Chairperson, has the means and the opportunity to end this decades long PAC investigation into #IrelandsBiggestFraud.
On the 25th of January 2024, the Revenue Commissioners are in the Public Accounts
Committee to answer questions.
On the PAC agenda for the 25th is 'Areas of Interest'.
"The classification of employment for contribution purposes and the financial implications of the misclassification of workers"
Today, I got replies to a Standard Access Request. I've made many over the years but this time I got data they were hiding from me.
It is horrific, multiple memos by senior civil servants making absolute shit of me. It's actually very upsetting to see what they were calling me.
So badly has my name been dragged through the muck by the Department of Social Protection, that Minister @HHumphreysFG felt free to tell the privileges committee that I'm a liar when it is she and her minions who have lied.
Tomorrow morning, the Dept. of Social Protection is in the Public Accounts Committee. Before I bring you up to speed on what promises to be an interesting session, I'd like to say a few things. I've been banging on doors for 21 years to expose the corruption that is
#bogusselfemployment. I do this because in 2000, I sat in an Appeal in the Social Welfare Appeals Office. That Appeal was the most corrupt thing I have ever seen. It wasn't subtly corrupt, it was in my face corrupt. It was 'what ya gonna do about it' power drunk corruptness.
I vowed that day that I would not let the Department of Social Welfare and the Revenue Commissioners get away with what they were doing. For 17 years, I did it on my own. Doors remained firmly closed. I did blog about it, tweet it about it, help people who were facing the same,