Brendan Howlin (Wexford, Labour) | Oireachtas source

I move amendment No. 53:

In page 9, between lines 22 and 23, to insert the following:" "pre-existing public service pension scheme" means an occupational pension scheme or pension arrangement, by whatever name called, for any part of the public service—

(a) provided for by or under—

(i) the Superannuation Acts (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012), or
(ii) any enactment (other than the Public Service Pensions (Single Scheme and Other Provisions) Act 2012) or administrative measure for the like purpose and to the like effect as the Superannuation Acts and of either general or limited application,
or

(b) made by a relevant Minister (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012) or which has been approved or requires the approval or consent, however expressed, of either or both a relevant Minister and the Minister;".

In the published Bill, the term "public service body" is defined in section 7 by reference to the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. The purpose of the amendment is to insert a full definition of "public service body" in the Bill. This will bring greater transparency to the definition in the Bill. As I noted during the Second Stage debate, some queries were raised about the range of public bodies coming within its scope. I am now listing more clearly many of the bodies which come within the scope of the definition. It is also more prudent to have cross-referencing of the 2012 Act definitions as otherwise there could be a lack of clarity in the implementation of the Bill.
I note that amendments Nos. 55 and 56, in the names of Deputies McDonald and Sean Fleming, respectively, relate to section 5(3)(k) and will fall if my amendment is passed.
Amendment No. 53 sets out a full definition of the term "pre-existing public service pension scheme". Amendment No. 57 sets out a full definition of the term "Single Public Service Pension Scheme". The Schedule identifies those bodies which are not public service bodies for the purposes of this Bill. Essentially, the Schedule represents the commercial State body sector. These bodies do not enjoy the exemption in section 5(3)(k) relating to communications between public servants.
For simplicity, I have revisited this issue and rather than refer to "public service bodies", I am inserting in the Schedule a new section specifying bodies that are not public service bodies. The new Schedule prescribes bodies that are not public service bodies as "Any body corporate established by Act of Parliament before 6 December 1922 that, upon its establishment, was of a commercial character". The bodies are then listed and include Bord na gCon, Bord na Móna, Córas Iompair Éireann and any "subsidiary of a body to which this Schedule relates, including a subsidiary of such a subsidiary". The Schedule casts a fairly wide net.