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

Joe O'Toole: If the Senator were in the Chair, he would rule himself out of order.

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

Joe O'Toole: The Minister has not given a clear answer on certain matters. Let us once again use the example of the staff employed seasonally in the Passport Office. Despite what was said by Senator Walsh, I have no objection to these people being looked after. It is quite right that they should be. I am simply trying to understand the implications. It was the Minister who mentioned them as an example. I...

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

Joe O'Toole: Are they currently under contract if they are not in the office at the moment?

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

Joe O'Toole: I have no problem whatever with that.

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

Joe O'Toole: I understand all that.

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

Joe O'Toole: All those things are quite in order; that is not the issue. The Minister said not five minutes ago that a person re-entering the public service would not have the same contract. This prompted me to ask whether the person returning to employment would have a different contract. If it is the same contract, is the person still under contract? I do not know what goes on in the Passport Office...

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

Joe O'Toole: I do not believe what the Minister is saying. He is making it up as he goes along. It makes no sense at all. I do not think he is deliberately deceiving, simply trying to make the best of it. However, if this applies to the people the Minister is talking about, with all his lovely phrases such as continuation of expectation — he is a credit to his father — why does it come into effect on...

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

Joe O'Toole: I hope nobody is listening to this.

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

Joe O'Toole: We have established there is a chasm on this and we cannot take it any further. We are left with the words "under the same contract of employment" so we will have to go to another place, which is not in this building, to sort out what is meant. Undoubtedly, somebody in the Minister of State's profession will make a great deal of money from that.

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

Joe O'Toole: I support the Senator's point. These are the issues which show the weaknesses in the recommendations of the Commission on Public Service Pensions. It refused to take a creative approach to creating a stage between full-time employment and full-time retirement. The issue raised by Senator McDowell is another issue that should be dealt with. There is no reason that people should not have...

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

Joe O'Toole: He could try it with decentralisation and tell people who go to Roscrea that they can work until they are 70 years old.

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

Joe O'Toole: With regard to people working in the fire service there is reference in the recommendations of the Public Service Pensions Commission to a specified fire brigade employee who is a new entrant. This recommendation was age specific because parts of that work were more physically demanding than others. Certain jobs in the management area were not considered the same. There was a list of those...

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

Joe O'Toole: To facilitate the House I am happy for amendments Nos. 9 and 10 to be discussed together. They are two sides of the same coin and it will perhaps lead to a wider debate.

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

Joe O'Toole: I move amendment No. 9: In page 12, between lines 31 and 32, to insert the following new subsection: "(6) Subject to subsection (7) when a teacher is a new entrant, no superannuation benefits shall be paid before he/she reaches age 60, other than the death benefits.". The two groups that are most disadvantaged by the legislation are teachers and politicians. We have been through a number of...

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

Joe O'Toole: On a point of information, I remind the House that the Minister of State's great grandfather was INTO branch secretary in north Clare and stood firmly against difficult Governments and management at the time. He comes from both sides.

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

Joe O'Toole: The Minister of State has a great and admirable facility for soaring off into issues that are barely relevant. His response, notably his little history lesson, was interesting but an example of an old trick, which is ingrained in him, of saying 95 things with which we all agree and ignoring the five things with which we fundamentally disagree. I will briefly explain the difference between the...

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

Joe O'Toole: At least the Minister of State has the sense not to wing it. The report does not contain anything about politicians because the commission was not allowed to deal with them. Although it offered no view on politicians, the individuals on the commission were more negative about politicians than teachers.

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

Joe O'Toole: I am pursuing a similar line to that taken by the Minister of State regarding teachers and the role of the commission and consultation. Now that we have established that the commission did not address the issue of politicians, we can address the issue of consultations with Members on the proposed changes in pensions. Can anyone in the House indicate what consultation process we were involved...

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

Joe O'Toole: I move amendment No. 10: In page 12, between lines 31 and 32, to insert the following new subsection: "(6) Subject to subsection (7) when a member of the Oireachtas is a new entrant, no superannuation benefits shall be paid before he/she reaches age 55 other than the death benefits.". Amendment put.

Seanad: Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Report and Final Stages. (26 Feb 2004)

Joe O'Toole: I regret the passing of this Bill. The debate has been important. I thank the Minister of State and his officials for their full and committed engagement with the arguments as we proceeded. It is crucial to have such engagement when legislating. There are issues more of a political and policy nature than of a drafting nature that need to be considered. Unlike Senator Mansergh, I hope that any...

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