Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 15:

In page 7, between lines 28 and 29, to insert the following: “(d) by the insertion of the following section after section 32:

“Superannuation

32A. (1) The Board shall, as soon as practicable after the coming into operation of section 14(d) of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024—

(a) prepare and submit to the Minister, and

(b) with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform,

make a scheme for the granting of superannuation benefits to or in respect of any person appointed to be the Secretary.

(2) A scheme made under this section shall fix the time and conditions of retirement for a person to or in respect of whom superannuation benefits are payable under the scheme.

(3) A scheme made under this section shall be carried out by the Board in accordance with its terms.

(4) No superannuation benefit shall be granted by the Board to or in respect of a person to or in respect of whom superannuation benefits are payable under a scheme made under this section nor shall any other arrangement be entered into for the provision of any superannuation benefit to such person on ceasing to hold office, otherwise than in accordance with—

(a) a scheme or schemes made under this section, or

(b) an arrangement approved by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(5) Every scheme made under this section shall make provision for appeals.

(6) (a) Every scheme made under this section may be amended or revoked by a subsequent scheme made under this section.

(b) Paragraphs (a) and (b) of subsection (1) shall, with all necessary modifications, apply to the making of a subsequent scheme referred in paragraph (a).

(7) The Minister shall cause a scheme made under this section to be laid before each House of the Oireachtas as soon as may be after it is approved under this section and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(8) In this section—

‘superannuation benefit’ means a pension, gratuity or other allowance payable on resignation, retirement or death;

‘scheme made under this section’ means a scheme made by the Board in accordance with subsection (1) and includes a subsequent scheme, referred to in subsection (6), made by the Board.”.”.

The purpose of this amendment to section 4 is to amend the Judicial Council Act by the insertion of a new section 32A. Section 32 of the Act makes provision for the secretary of the Judicial Council. The secretary was a civil servant appointed before 1995. Because the Judicial Council did not specify the status of the secretary, the officeholder is deemed to be a public servant, and some difficulty has been experienced in settling the superannuation entitlements in this position. The officeholder is entitled to superannuation benefits, and a scheme is currently being arranged for that purpose. The Judicial Council is in the process of establishing the Judicial Council staff superannuation scheme. While the staff of the Judicial Council are civil servants, the secretary to the council is a public servant and there is a requirement to establish a superannuation scheme in relation to this position. I am advised that the introduction of such a scheme would require an enabling provision in the Judicial Council Act. The new section 32A will provide that enabling provision. Amendment No. 15 provides that the board of the Judicial Council shall prepare and make a scheme for the granting of superannuation benefits to the secretary to the council. The scheme must first be submitted for the Minister's approval, to be given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. Under subsection (2) of the new section, a scheme made under this section shall fix the time and the conditions of retirement for a person to or in respect of whom superannuation benefits are payable under the scheme.

The section requires that a superannuation scheme be made under the section and that it be carried out by the board of the Judicial Council in accordance with its terms. The superannuation scheme may be amended or revoked by a subsequent scheme made under this section. Deputies will note that the proposed new section 32A(7) requires that the Minister shall:

...cause a scheme made under this section to be laid before each House of the Oireachtas as soon as may be after it is approved under this section and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly...

However, the subsection provides that this is done without prejudice to the validity of anything previously done under the scheme.

The provisions of the section are based on existing provisions in other areas where superannuation provision is required in respect of a particular office. Given that this applies to one individual who has been disadvantaged by the situation he has found himself in, I ask Deputies to support the amendment.

See this speech in context