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

Brian Lenihan Jnr: Not being the Minister for Health and Children. We are not going to amend that now. It is all right.

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. 36: In page 12, subsection (5), line 33, to delete "(12)" and substitute "(16)".

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

Brian Lenihan Jnr: Yes, the Attorney General took considerable pains in the drafting of this legislation and was especially anxious to ensure the robustness of these two sections.

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

Brian Lenihan Jnr: One of the reasons for inserting the recitals after the Long Title was to confirm the importance and gravity of the position that justified the Government's taking the step of dispensing with legal rights. If the Deputy reads the Long Title he will see that the pension levy is not as directly related to the emergency as the other powers.

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. 37: In page 12, lines 37 and 38, to delete "any person from whose remuneration" and substitute "the remuneration of a person in respect of which". The purpose of this amendment is to ensure that a person is not subject to a deduction under section 2 and under section 9 or 10 in respect of the same payment.

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

Brian Lenihan Jnr: An example would be a coroner who is also a general practitioner.

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

Brian Lenihan Jnr: A person who pays the pension deduction but might also be captured as a fee for professional services.

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. 40: In page 12, subsection (1)(b), line 45, after "Minister" to insert "for Agriculture, Fisheries and Food". The purpose of this amendment is to clarify that the reference is to the Minister for Agriculture, Fisheries and Food and not the Minister for Finance.

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

Brian Lenihan Jnr: As stated earlier, amendment No. 20 provides a revised definition of "public servant" to include a board member or Secretary General.

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. 21: In page 8, subsection (3), line 34, to delete "contractual arrangements" and substitute "employment, office or position".

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. 22: In page 8, subsection (1), line 40, after "section 2" to insert the following: "(other than in respect of a person to whom subsection (1)(b)(iii) of that section relates)". The purpose of this amendment is to exclude persons described at section 2(1)(b)(iii), namely, those who receive a payment in lieu of membership of a public service pension scheme, from the...

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

Brian Lenihan Jnr: We anticipate some additional payment through the family income supplement. I will obtain the information sought by the Deputy and write to him about it.

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

Brian Lenihan Jnr: Yes.

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

Brian Lenihan Jnr: While I appreciate the point raised by the Deputy, I am advised that the impact will be marginal.

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

Brian Lenihan Jnr: Yes.

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

Brian Lenihan Jnr: I can try to assist the Deputies opposite. This matter was factored into the general tax prediction for the year as for some time it had been clearly settled policy to seek a substantial reduction in payroll costs through the relevant negotiations. With regard to the precise month by month analysis, my Department is finalising the detailed tax projections for the year and these will take...

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. 23: In page 9, line 22, after "employment" to insert ", office or position".

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. 24: In page 9, line 23, to delete "materially distinguish them from" and substitute "are materially distinguished from". This is a drafting amendment to tidy up the text and does not introduce any significant change to the Bill.

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

Brian Lenihan Jnr: Deputies will have no such luck.

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

Brian Lenihan Jnr: I will have to get the Deputy to assist the commissioner in his investigations.

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