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Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: I am intrigued by the Minister's response. Some weeks ago the Government announced the imposition of a levy of 0.6% per annum on private pension funds, amounting to 2.4% over four years. That levy will impact on the ability of the Eircom pension fund to pay its pensioners and the Minister is saying that this shortfall will effectively be underwritten by his Department. This is completely...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: I do not know.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: Fully.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: I agree with the Minister and hope I did not give the impression that I was talking about recent employees or of pension liabilities that have accrued since the organisation was privatised. It relates to those who formerly were staff of the old Department of Posts and Telegraphs or of Telecom Éireann, some of whom benefited from ESOPs.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: While I do not recall the exact year, all Members will have encountered them in their constituencies and many of them are still alive and well.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: Yes, thank God. Consequently, there could be a pension levy attributable to them. There must be a clearly defined number of such people because the number of staff is known, as is the number of those who still are alive. The exact figure is worth getting and I hope there will be no liability. However, the door is open and it is desirable to know the precise extent of any contingent liability.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: In what group was it discussed?

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: My grouping list refers to amendments Nos. 69, 71, 72, 75 and 75.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: Not on the grouping list I have to hand.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: The grouping list refers to amendments Nos. 75 and 75, which is a typographical error. However, I wish to comment on the amendment.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: While the Minister might suggest the point I am about to make is tangential, it is not.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: This is a great legislative item in that it covers a wide range of areas. As the Minister is taking on many responsibilities, Members have had an opportunity to raise matters that will be fully-----

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: Yes. These matters will be in the Minister's brief and consequently, my question pertains to the powers the Minister proposes to take on under this amendment. The amendment provides that the Minister will be involved in the appointment of directors to hold office for such term and upon such conditions as the Minister will deem fit, which is fine. I make a point about the lottery that the...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: No.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: I move amendment No. 30: In page 13, lines 11 to 13, to delete subsection (2). The purpose of the amendment is to remove the subsection that reads: "The Minister shall not perform a function transferred by subsection (3) of section 7 without first consulting the Minister for Finance in relation thereto". This provision relates to emergency financial measures. If the Minister has...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: He or she should not just issue a press release after the event like any other line Minister. The Minister opposite will probably agree with this suggestion which I made to the Minister of State, Deputy Brian Hayes, during his absence.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: The Minister understands my amendment is intended to give him greater autonomy and I hope he will agree with me that he should have it. He would be well capable of making these decisions on his own without having to consult the Minister for Finance. I have full confidence in him.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: The amendment seeks to insert in subsection (2) paragraph (k) Financial Services Ombudsman Council. Are there staff attached to the council or is it just a body that meets? If there are staff attached to it, were they formerly staff of the Financial Regulator's Office and what type of people are being included under this paragraph? I know this section deals with superannuation and...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: What of amendment No. 34, which is in the same group?

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Seán Fleming: That is the point. I find it unusual that we have these three amendments. In layman's English, the Minister is essentially saying that if the wrong Minister makes a decision and he genuinely believed at the time he was the right Minister to make it, it is valid. I do not believe this would apply to anybody else in the country. If a person tells a judge "I made a mistake; I genuinely...

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