Results 7,581-7,600 of 16,537 for speaker:Brian Lenihan Jnr

Written Answers — Departmental Staff: Departmental Staff (25 Feb 2009)

Brian Lenihan Jnr: As the Deputy is aware a very limited number of increases were recommended by the last Benchmarking Body. The Principal Officer grade in the civil service was to receive a 1.1% increase. There are no plans to pay this increase.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I am in possession of the Bill.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: The Deputy wants the Minister for Agriculture, Fisheries and Food to speak.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: The debates are in the public domain. The word "specified" is used in the legislation because the dates are not set out in the legislation but it is intended that 40% will be paid on the enactment of this legislation, 40% in January 2010 and 20% in January 2011. Since 40% will be paid on the enactment of this legislation that might give Members opposite, who have turned up in such large...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I am not giving any such assurance this evening because the Minister is engaged in negotiations. I would not dream of giving such an assurance in the House on a sensitive matter like this, but I am sure the Minister will progress matters to the best of his abilities. We must progress these matters. Deputy Bruton speaks regularly about the need for proper control of public expenditure. The...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: One of the decisions the Government has taken on expenditure control is the cash limiting of demand-led schemes. There are many businesses which face legislative obligations which must discharge the expenditure to perform their legislative obligations out of their own resources. The State rightly, but generously, provided for a contribution towards this and the reality is the sums expended...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: This section was inserted on the advice of the Attorney General because the legislation deals with approximately 330,000 employees in many different settings in terms of contractual arrangements, collective bargaining and custom and practice. The advice was that we should, as a matter of caution, ensure that such a section should be included in the legislation to deal with exceptional...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I move amendment No. 25: In page 9, subsection (1), line 39, to delete "circular," and substitute "circular or". This is a technical amendment to ensure the expression "or other document" refers only to an instrument and not to an enactment, contract, arrangement, understanding or expectation.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Deductions.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Section 9 does not relate to the pension contribution. It is a separate matter. The purpose of this section is to allow the Minister for Health and Children to reduce the fees payable to service providers under the GMS, notwithstanding their existing contracts. This is, as I outlined, an emergency measure in the public interest, and therefore the State is taking to itself the power to...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I did not know we were talking about section 10 as well.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: They are grouped. I will deal with section 10 in a moment but first I will explain section 9. The fees and contracts for each of the service providers traditionally have been negotiated between their representative bodies and the Minister for Health and Children. It is now accepted that the Competition Act 2002 precludes representative bodies and the Minister from entering direct...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I will clarify it for the Deputy. Section 9, as the side note points out, relates to reductions in payments to health professionals. It is clear from the first subsection that the powers of the Minister for Health and Children are with regard to rates of pay for health professionals or classes of health professionals. Section 10 is broader but does not apply to the Minister for Health and...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Here we are, back to tax again. The pension contribution or deduction is not a tax and what is envisaged in sections 9 and 10 is certainly not a tax but a real reduction in public expenditure and the agreed contract prices over which the State is taking powers to vary under these sections. It has nothing whatsoever to do with the imposition of taxation. It relates to contractual...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: The righteous indignation is because you characterised this as a tax. It is not a tax.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: It is a reduction in a contractually agreed payment. That is expressly envisaged in sections 9 and 10 of this legislation. The recitals to the legislation set out the justifications for why the State finds it necessary to vary contracts and expectations in this manner.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: The reduction is not in the services but in the amounts of payment they receive. That is exactly what is envisaged in this section. I set out examples from the health services and supplemented them with several examples of the kinds of professional engagement comprehended by section 10, such as veterinary officers in the Department of Agriculture, Fisheries and Food or medical assessment...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: It does exclude the Minister for Health and Children.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Section 9(1) states, "the Minister for Health and Children may, with the consent of the Minister for Finance, by regulation, reduce, whether by formula or otherwise, the amount or the rate of payment to be made to health professionals, or classes of health professionals, in respect of any services that they render to or on behalf of a health body from the date of the regulation." That allows...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: It could.