Mary Coughlan (Donegal South West, Fianna Fail)

A previous Minister was of the view that these people were not public servants. Legal advice was sought to get a determination of "public service" on the basis that if one is determined as a public servant in this country other entitlements arise. As a result of this legal advice it was determined that all persons employed by a recognised school or VEC come within the term "public servant" solely for the purposes of the Act. It follows, therefore, that all persons employed by a recognised school or VEC, are deemed as such regardless of the source of money used to fund his or her salary. The role of the Minister or Department in determining the pay rates remains, irrespective of whether a person is eligible for or a member of a public service pension scheme. They are public servants within the meaning of the pay reduction legislation. I was tied when it came to trying to remove this category of people from the Act when the legal advice indicated that I was obliged to implement it.

See this speech in context