Brian Cowen (Laois-Offaly, Fianna Fail)

As Deputy Kenny said, we legislated on this matter when it arose last year. The issues that arose on that occasion related to an entitlement under existing law, regarding a pension being seen a property right. We are advised that as property rights are protected under the Constitution, any reduction or removal of pensions by legislation has to be proportionate. The reductions which have been imposed on other groups are of relevance in determining what is proportionate. That is the advice we received from the Attorney General. As the Deputy knows, it is the convention not to publish advice but that is the essence of it. The pension entitlement for former Ministers who are serving Members of the Oireachtas will be abolished from the date of the next election. That is the existing position. We were advised that this position is consistent with the law and is what was possible. Therefore, unlike the last election, persons who are deciding whether to contest the next election will not have a legitimate expectation that they will continue to receive a ministerial pension while in receipt of an Oireachtas salary. A similar approach was taken in 1992 when changes to the receipt of ministerial pensions for Oireachtas Members did not take effect until after a general election had intervened. One can presume the same legal issue arose then. I have not seen or studied any proposal from Fine Gael on this matter. I can have it examined but the position we have outlined is based on the advice of the Attorney General and, as the Deputy knows, the Government has to abide by that advice.

See this speech in context