Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

Some 14 of the 22 amendments put forward have been ruled out of order. I believe this legislation is unconstitutional and that we should have the opportunity through those amendments to bring it into line with the Constitution. The Government wants it both ways. It is bringing in emergency legislation but everything the Government states on a daily basis is to the effect that there is no emergency and the emergency is over. The Tánaiste said that very recently in an opinion piece in The Irish Times. Numerous Ministers have said very similar things. The Minister for Finance, Deputy Noonan, said that next year, the debt to GDP ratio will be below the European average. The syndrome of having it both ways is highlighted by the fact that the top 5% of income earners in this country were given €100 million in the recent budget.

This legislation is particularly unconstitutional in the area of pensions. Pensions are held by the courts to be the private property of the pensioner and the Minister has told us that private property or pensions can only be interfered with in an emergency. Various Ministers, including the Tánaiste, tell us there is no emergency and that is why I believe the provisions relating to pensions are unconstitutional. I will address this during the course of the debates on the various sections.

I also object strongly to the penalty provisions on unions, particularly in section 4 of the legislation, whereby public servants who simply wish to abide by the agreements they already have are being forced to break them. That has already created significant difficulties in policing and education and throughout the public service. We will not have the opportunity to bring this legislation into line with the Constitution because the amendments have been ruled out of order but the legislation will create significant difficulties if it is passed in this form.