Patrick O'Donovan (Limerick County, Fine Gael)
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I acknowledge the engagement Deputy Jonathan O'Brien had with the Department. The amendment tabled by the Deputy has been ruled out of order but I appreciate the concern he has raised and for whom he raised it. When considering the amendments we sought the advice of the Attorney General. Unfortunately, it is not something that can be facilitated. In devising the interim arrangement it was necessary to respect the current legislative provision that these individuals were required to retire at 65 years of age. They did so and received their pension benefits.

The interim arrangements were established to offer a limited temporary solution to individuals who reached the age of 65 in the period between the Government decision of 5 December and the commencement date of the necessary legislation. If the arrangements had not been in existence, this cohort of people would not have been able to continue working.

Not to labour the point, we are very anxious that we would have a conclusion and draw a line under this. The sooner we can get this enabling legislation enacted, the sooner any others who could wind up in that interim arrangement will be facilitated by the passage of the Bill. I know the committee is aware, through my officials, that there are many complicating factors in regard to people who have already started to draw down their pensions and those who have retired but who did not avail of the interim arrangements because they were told this was only an interim arrangement. On the basis of the legal advice we have received, and having reflected on the amendments, the Minister, Deputy Donohoe, has decided to proceed with the original decision of 5 December last year, which was that the interim arrangement would stand pending the enabling of this legislation, and we would move forward on that basis.