Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

It is essential that regulation-making powers which are included in primary legislation are supported by clear principles and policies specified in that primary legislation to guide the Minister in the exercise of that power. In this case, the new section 3A(3) sets out a number of policies and principles to guide the Minister, such as "evidence of an increase in normal life expectancy in the State", "the pensionable age applicable at the time " and "the likely cost (if any) to the Exchequer". In addition, the maximum age of 75 is included in order to further assist the Minister in the exercise of his power. I have taken advice on this matter and I am satisfied that the policies and principles provided for in the new section 3A(3) are sufficient to guide the Minister in the exercise of that power. We do not want to be contradictory as we do this. We do not want to say how many new jobs we are going to prohibit because the economy is expanding, the population is expanding and the public service is expanding. I remind the committee that this is a public service Bill. The employer here is the State. As I said to Deputy O'Brien, we need an age. We cannot leave it open-ended. In that context, the Government does not have a difficulty with Deputy O'Brien's suggestion.