Pat Rabbitte (Dublin South West, Labour)

From what the Taoiseach has said, I presume he agrees with the principle that changing the law is a matter for Parliament and not for Executive action. I refer him to the case of the Public Service Superannuation (Miscellaneous Provisions) Bill, which is still before the House, in respect of the superannuation of public servants, for example, and which will impact on the superannuation Acts. The Taoiseach is aware that these date from a code of law going back to William IV and under which civil servants are paid their superannuation entitlements. That Bill before the House makes changes which are not insignificant in the entitlement, for example, of teachers and several other categories of public servant.

Part of the code to which I refer is the Superannuation and Pensions Act 1976 which purports to allow the Minister for Finance to make changes, by order, in superannuation provisions. In exercise of this purported power, he made changes in the operative regulations of the superannuation regulations of 1980, which involved substantial change to statute law. Public and civil servants would like to be assured that when the Minister for Finance changes the law by ministerial order, it is not then vulnerable to challenge. I do not know if there is a system for prioritising what matters come under the Attorney General's scrutiny arising from the court cases concerning the Aliens Act cases and the Carrickmines protest. However, these cases are relevant to legislation currently before the House.

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