Brian Lenihan Jnr (Dublin West, Fianna Fail)

This section was inserted on the advice of the Attorney General because the legislation deals with approximately 330,000 employees in many different settings in terms of contractual arrangements, collective bargaining and custom and practice. The advice was that we should, as a matter of caution, ensure that such a section should be included in the legislation to deal with exceptional circumstances, that is, some particular aspect or condition of an employment which materially distinguishes a particular class or group from other classes or groups to which the section applies. In such circumstances, the Minister is given a discretion, if it is considered just and equitable to do so, to exempt this class from deductions or modify the deductions having regard to the nature and degree of the financial burden that would otherwise be borne by the group in question. Deputies will note from the reference to "financial burden" that it is clearly not with the intendment of the section to exempt persons who have substantial pensions within the public service from the operation of the Act. In fact, Members of the Oireachtas are expressly dealt with in the definition section as a group which falls within the intendment of the legislation. While I do not anticipate a need to use this authority, it is wiser to make such provision when legislating for such a wide and diverse group.

Deputy Jim O'Keeffe raised the issue of firemen who work part-time for rural local authorities and do not have a pension but who may fall within the definition of public servant. While I did not undertake to exempt this group under this section, I undertook to examine the issue. I will examine issues that are raised after the commencement of the legislation and review them after a period. The section gives me power to remedy any exceptional circumstances which materially distinguish a particular group where it is just and equitable so to do.

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