Dáil debates
Tuesday, 8 April 2025
Employment (Contractual Retirement Ages) Bill 2025: Second Stage
6:20 am
Mattie McGrath (Tipperary South, Independent) | Oireachtas source
I hope there were not too many bus drivers bringing Offaly supporters or Tipperary supporters to Páirc Uí Chaoimh last Sunday because we all came home disappointed. Fair dues to Cork and, indeed, to Port Láirge freisin.
Once enacted, the Employment (Contractual Retirement Ages) Bill 2025 will deliver a new employment right.
It will allow, but not compel, an employee to stay in employment until the State pension age of 66. I want to also congratulate and wish an tAire Stáit nua, Deputy Niamh Smyth, the very best and offer her my co-operation in her position. Hopefully her door will be open to us as well. I know it will. The Bill delivers a statutory provision which sets out that an employer may not enforce a contractual retirement age which is below the State pension age, if the employee does not consent to retire. The Bill implements a key commitment included in the Government's response to the Pensions Commission recommendations and implementation plan. It is very timely and appropriate that it is one of the first pieces of legislation this new Government is enacting. The anomaly was there for decades. People who had worked up 40 years' service, many of them State employees as well as everything else, were being forced then to attend at the local labour exchange gach seachtain. It was highly unjust and unfair and undignified for them. All respect to anybody who goes to the labour exchange but people who always wanted to work and did work were forced to sign on for the 12 or 15 months or whatever it was.
I know this Bill cannot include everyone, and I will stick to the Bill as the Ceann Comhairle asked. However, I am also asking for the situation regarding the teaching assistants in the ETB and elsewhere, who have been up here many times to meet us, to be addressed. The Minister of State will be aware of them. I ask for them to get the recognition. I know it is gone to the WRC now but those people deserve to have the same standards. We cannot have yellow-pack workers, or a situation where we have the múinteoirí and the others, like ourselves, we are called the others at the moment, I do not know what we will be called next. I do not like that terminology. I do not like that being done to anybody. They should be entitled to the same pay and conditions. The pay is one thing but the conditions are also crucial, holiday pay and sick pay, annual leave and everything else.
Many people have found themselves in the unfortunate position of having to retire from their employment at 65 when they do not want to, and then go on jobseeker's benefit until the age of 66. That is not fair to them. It is important that this is not made in any way compulsory and that no person will be compelled to work beyond 65. It is important that they would have the choice to do so if they wish, and would not find themselves seeking employment or a social welfare payment at 65. Indeed, many want to work beyond 66 and the Bill will not go far enough in that regard. All the speakers have spoken about this and we must be mindful. I should have declared that in my own company we have up to 25 employees, many excellent workers, some of them of great longevity. It is hard at the moment to find staff in any walk of life and to get people. We have a wonderful workforce and I want to praise and thank them. Without them, the company would not function. I am not speaking personally but just declaring that I have an interest in the employment situation myself.
The situation of the small employer, na daoine beaga, small businesses, must be nurtured. They are coming under serious pressures and bureaucratic pressures. This legislation will no doubt add to that but it is necessary. The Ceann Comhairle will know this herself as she has a business background. If you have five or six employees now, not to mind 25 or 26, you would need a secretarial position to manage all the paperwork for at least every five of them. It is just enormous and it is growing and expanding, from health and safety to HACCP, you name it. Many things are very necessary but small employers especially are burdened down. They may be family-run businesses, maybe just a fear agus a bhean chéile or maybe sometimes just a man or woman on their own, small business owners. They are completely overburdened with bureaucracy, plus all the costs that are in business as well.
Many of our older citizens provide very important services to our community and are happy to do so. They are being penalised by being forced to retire. We see a very common problem, as has been mentioned already. Bus Éireann will not allow 70-year-olds to operate a school bus despite them being fit and able to do so. This has been raised here for the last four years. I have raised it with three different taoisigh, Ministers for Transport and everybody else. I do not know why it is still there. There is an acute shortage of part-time drivers for people to go to special needs schools and also school runs. The ironic part about it, I will not repeat it as it has been mentioned, but they can drive people to matches and everything at the stroke of a pen, if they have been medically certified. They are willing to be medically certified even three times a year if necessary. Road safety is paramount, especially with children. This anomaly must be fixed. Most small companies are unable to fulfil the routes they get. They tender for them and get them, and then they are short of drivers. That is not through any fault of their own but it must be changed.
I accept that not everyone wants to work beyond 65 or 66 but many who have worked all their lives want to remain in active employment and we must respect their right to do so. If the Ceann Comhairle will allow me, community employment schemes are a vital part of our communities. I am cathaoirleach of our own scheme, the BN&B scheme, in Newcastle and Ballymacarbry in Waterford and Tipperary. We are short now five or six places and cannot get employees. We are the best of people. We have the Aherlow Fáilte Society at the moment, and the wonderful Glen of Aherlow tourist office. A woman there is being forced to retire. She wants to continue working. She is playing a vital role in the community. It is good for her, the community and everything else. We are pleading with the powers that be. Thankfully since Covid, the people in social welfare have given rollovers and extensions to our members. Long term, it is not feasible. The schemes will not stay going. The community work will not be done. It is very important work; it is not all cutting grass. There is a lot of work in schools, on GAA pitches, in all kinds of services for the elderly, daycare facilities and all those centres. They need those people to be able to continue, if they want to continue. If they want to retire, fine, but we must look at that anomaly. The workforce is limited. Where we have people who enjoy their work, love their work and are well involved and able to do their work, we should leave them where they are happiest, keeping occupied and also providing an excellent service. I commend this legislation and wish it well on its passage through the House.
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