Oireachtas Joint and Select Committees
Wednesday, 12 July 2017
Joint Oireachtas Committee on Justice, Defence and Equality
Garda Pensions: Discussion
9:00 am
Clare Daly (Dublin Fingal, Independent)
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Senator Craughwell answered the main question I had intended to ask. The principle of nothing about us without us is one that rings clear here. Unfortunately, it is not isolated to this group of former gardaí. Obviously, the rights of many retired citizens have been given away without their knowledge or without their agreement by an organisation, albeit the GRA. In this instance, it was very much behind closed doors but we had recent examples of thousands of workers, for example, airport workers, seeing their current pensions or deferred pensioners' rights eroded by others who sat around the table. It is utterly scandalous. It shows there must be a right of representation for retired members in any situation that affects their livelihood. This example brings it forward clearly.
I have two points. It is not for the first time that what Senator Conway called a cosy agreement was made by the GRA against its own members behind closed doors. It seems to be pretty good at that but it is unfortunate that these witnesses are paying the price of it.
The only aspect I want to bring out, which is important, is it seems the refund is a bit of a red herring. Are they basically saying that had one retired on 2 October 1976, for example, and had one got one's superannuation back, one still would have no problem in applying for and getting a pension, albeit that a refund of any contribution there might have been needed? In that sense, it is neither here nor there. If that is what is blocking it, then presumably that can be organised. The main point is the disgracefulness of any people paying in and meeting all of the requirements of a scheme to which they were parties only for that to change years later without their knowledge and for them to find out subsequently.
What I do not understand - maybe it is a legal question - is whether the Statute of Limitation kicks in when one gets knowledge of something. It is a live problem the airport workers are looking at. Does the clock of the Statute of Limitations kick in when one becomes aware of something? I am not saying one should have to go through litigation but I am curious about it.