Richard Bruton (Dublin North Central, Fine Gael)

Section 8 is an unusual provision in that it gives the Minister powers to modify the obligation under section 2 in any manner he sees fit. It is an arbitrary power and we have not yet seen how the Minister may intend to use it. According to the section, a group may be exempted from deductions or deductions may be modified in the event that, in the Minister's opinion, some particular aspect or condition of the group's employment materially distinguishes it from other classes or groups. The House is entitled to some indication as to how this power will be exercised. Is its purpose to deal with the group of firemen referred to by Deputy Jim O'Keeffe or other categories of employees who may be inadvertently caught up in the levy as a result of lax drafting? What is the precise nature of this provision? Can the Minister use this power without reverting to the House if he believes a group has been inadvertently included in the provisions and should be exempted from the levy? We often hear about the frailties of secondary legislation? Can the Minister act in this way with confidence?

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