Brendan Howlin (Wexford, Labour) | Oireachtas source

Rather than just give the Deputy the figures for health I will see if I can disaggregate them better and get those to her.

The next point in the series of points made by Deputy McDonald was on her dislike of the provision of enabling legislation of this sort. I accept her comments that there is nothing personal involved in that. I believe it is a more democratic way of doing it in that we are bringing legislation to be debated here, circumscribing the power of the Minister and debating the power of the Minister as opposed to what happens now where it is done normally by circular that we do not see. I remember when I was teaching one would get circular 1 of a particular year, circular 2 and circular 3 changing terms and conditions and God knows what not by circular. This is a more democratic way of doing it. If we have a formal legislative authority determined by Parliament and a formal statutory instrument laid before Parliament containing a review clause that is a better, more open way of doing it but that would be a matter of viewpoint.

I do not want to repeat the point I made in reply to Deputy Fleming on the pre-1995 and post-1995 people other than to reiterate that regarding the pre-1995 people, we have accepted the Labour Court recommendation that the minimum position equal to social protection rates for those who joined the public service before 1995 is reasonable and is to be accepted. That will be reflected in the decision. The post-1995 people, as the Deputy is aware, are paying a Class A contribution so they are entitled to claim illness benefit. In the normal circumstances the way it works is that the employer receives that and pays the half pay. The point made by Deputy Fleming was about a situation where the social welfare recoupment was greater than the half pay of somebody on a low wage. My understanding is that the balance is rebated but I will check that for the Deputy.

I hear the points made by the Deputy about pregnancy related illness. They have been forcibly made by the unions. I did not want to prescribe pregnancy related illness as a stand alone issue but it is one of the issues to be determined by the Labour Court. I will be as flexible as I can and I will have regard to what the Deputy has to say when we are drafting the regulations.

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