Results 701-720 of 1,683 for speaker:Derek McDowell

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Second Stage. (24 Feb 2004)

Derek McDowell: I have read again the report of the Commission on Public Service Pensions, which I read on its publication. I also recall meeting Senator O'Toole in a hotel in north Dublin about four or five years ago when we discussed it at length over a few pints. It is remarkable that the Minister has reduced to two decisions such an interesting, lengthy report containing many recommendations. He has...

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Second Stage. (24 Feb 2004)

Derek McDowell: Yes. The provision was that there would not be compulsory retirement. A particular journalist who presents a late-night radio programme leapt on this proposal and within a matter of moments had conjured up the notion of a crack troop of octogenarian gardaí——

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Second Stage. (24 Feb 2004)

Derek McDowell: ——who would be dedicated to dealing with drug problems in the city. I am thankful that it was dealt with in the spirit of levity intended by the journalist. In any event, it is a decent proposal. We all accept that if a person can do the job, and that is an essential proviso, he or she should be entitled to continue doing it. However, why should people be required to work until they are...

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Second Stage. (24 Feb 2004)

Derek McDowell: A not insignificant issue struck me when reading the Bill. Senator O'Toole referred to it at the end of his contribution, namely, the issue of breaks in service. It is not at all clear that Members of this or the other House who are defeated at the next election will still qualify for payment of their pensions under the existing scheme. It is fairly clear from the Bill that teachers who take...

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Second Stage. (24 Feb 2004)

Derek McDowell: I will leave it at that for the moment. This is not a good Bill. I do not see the point of it. This Minister has done a number of good things and a number of others with which I would quibble on the issue of pensions. This is by no means the most important thing he has done. There will be time to revisit this and time to amend it before it becomes law. However, I do not understand why he is...

Seanad: Industrial Relations (Miscellaneous Provisions) Bill 2003: Second Stage. (25 Feb 2004)

Derek McDowell: Many members of the Labour Party have an ambivalent attitude to this legislation and the 2001 Act that preceded it. It is, in essence, an admission of failure on the part of the partnership bodies — the employers' representatives, the trade unions and the Government — to reach agreement at national level to deal with the issue of union recognition. This legislation provides a mechanism to...

Seanad: Industrial Relations (Miscellaneous Provisions) Bill 2003: Second Stage. (25 Feb 2004)

Derek McDowell: This difficulty would be best resolved by putting us in Government as it only arises in the context of Opposition. I suppose in a sense we are just moaning about our impotence on the Opposition benches, or as may be, on the Government back benches. There is no doubt that the existence of the process, particularly as it expanded over the years to include the voluntary and community sector, has...

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: I note the definition of "public servant" excludes five positions, namely the President, a member of the Judiciary, the Master of the High Court, a taxing master or a county registrar. Why have these five positions been excluded from the definition of public servant? There is no obvious reason for this. Schedule 2 makes substantive amendments, running to almost five pages, to old enactments....

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: Can the Minister of State say where that is set out?

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: Which ones are not included?

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: Yes.

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: How do we know which ones are not stated there?

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: I am not trying to make arcane points about the law but I raised this matter because it seems that the basic statement, in so far as there is one, is that the retirement age is not 65 or that it could be lower in some circumstances, seems to derive from the 1980 regulations. Is that fair?

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: Specific bodies such as the fire brigades and so on seem to be dealt with by separate legislation but the basic statement is contained in the 1980 regulations. Is that correct?

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: Why did the Minister of State choose to use primary legislation to amend the regulations? It seems odd that the regulations would have amended primary Acts in the first place but that being the case, why the opposite approach now? I am not sure that something of this nature should be an issue for legislation. It is primarily a matter of industrial relations and for negotiation with particular...

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: I am not doing that.

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: We decided to deal with a number of queries on section 1, which relate to particular definitions, together. Perhaps we should have dealt with them discretely. However, we are taking them together as the Cathaoirleach asked me to do so. I am following up on the response the Minister of State gave on commercial bodies that are included. I cannot think of any. I ask the Minister to give some...

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: We could happily open a Pandora's box in this area. I seek more information on the point I mentioned concerning the definition of a public servant. What is the status of the staff of the Houses of the Oireachtas, who are or will shortly become staff of the Houses of the Oireachtas Commission? From experience of dealing with Labour Party staff, there is a range of different pension...

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: Does this include Members' secretaries etc.?

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage. (26 Feb 2004)

Derek McDowell: I ask the Minister to check this between now and Report Stage. There is an increased difficulty because of the legislation passed last year dealing with fixed-term contracts and the need to roll those into a permanent contract. I understand that rolled over fixed-term contracts cannot exceed four years. There is some doubt as to how this applies to Members' secretaries. If they became...