Ruairi Quinn (Dublin South East, Labour)

I am happy to accede to the request from the Deputies. These issues are covered by sections 21 and 22 of the Bill. There are four subsections under section 21 and ten subsections under section 22, all of which take on board the statutory entitlements and pension entitlements with regard to superannuation, which are quite complex. We do not need a belt, braces and bicycle clips approach. Three organisations are being brought into one. As is inevitable, even in sister organisations, there are different day-to-day work practices and arrangements for annual leave and for Christmas, Easter and summer. Management must be given the autonomy and authority to synchronise. We cannot have management constrained by primary legislation in terms of its day-to-day operation. It does not make sense in this day and age. The rights of workers and pension entitlements are protected but how workers behave subject to management cannot be protected in primary legislation. It must be the best practice, not the lowest common denominator practice, within the three organisations as determined by the manager. Our responsibility as legislators is to set the framework for these people to pursue the task in question. In this case, it involves certification and satisfaction that we are reaching the quality standards set out in our qualifications.

Regarding the manner in which people do this in law, we must allow autonomy for the management of a semi-State, non-commercial organisation. That is why we have them outside the Department of Education and Skills. If we had them in the Department, I would be festooned with parliamentary questions and they would never get a day's work done. The management would be unable to manage because they would be looking over their shoulders every time the Dáil sits and parliamentary questions are tabled. That is why we have the separation of an executive agency from a Department that is accountable to Members. As a national assembly, we decide collectively to set up an organisation and we give it the constraints under which it must function, but those constraints must be matched by a degree of freedom in operation and management discretion. The balance is right here.

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