Clare Daly (Dublin North, United Left) | Oireachtas source

The trustees were always required to inform members of reductions and so on. It has come to light that retired people and deferred members do not have the right to be consulted. They can be told that their pension will be decimated but one cannot have a say in the negotiations that might resolve that situation or contribute to improving it. The need to have that right and to represent a group of people has come to light in respect of some of the present schemes. We need to do more about that.

I know this does not fall fully within the remit of the Minister here present but a commitment was made when the last Bill was passed to have discussions between the two Departments. The Minister says that officials in the Department of Social Protection have raised it with the Department of Jobs, Enterprise, and Innovation and it is under consideration. How hard is this to deal with? I do not wish to sound smart but the problem the Department of Jobs, Enterprise and Employment has identified is that pensioners are dealing with their former employer. Technically, they are no longer employees. That is a problem in the way the Act is dealt with.

How do such groups get representation? The Minister suggested ways around this, for example some employers have early retirement groups and there is an income stream which could be regarded as a link to overcome the problem. Just as trade unions can go to the Labour Court and use the State’s industrial relations machinery, there might be a code of practice on how pensioner groups could be regulated in the same way as trade unions, for elections and the right of all people to nominate their own representatives. They want to have a say, and not to be told after the event.

Does the High Court have to be an option? It is intimidating, financially prohibitive, and in practice will not be used even if it is proposed as a positive step. I can say that with certainty because individuals who are not happy with the adjudications of the Pensions Ombudsman already have the right to go to the High Court and must do so within 21 days but that does not happen. The Equality Tribunal has dealt with pensions. There are ways around the problem if the will is there.

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