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Seanad: Industrial Relations (Miscellaneous Provisions) Bill 2003: Committee and Remaining Stages. (2 Mar 2004)

Derek McDowell: I congratulate all concerned on their expeditious treatment of Committee Stage.

Seanad: Industrial Relations (Miscellaneous Provisions) Bill 2003: Committee and Remaining Stages. (2 Mar 2004)

Derek McDowell: I congratulate them on their efficient treatment of Committee Stage. I accept that this is a partnership Bill and an issue of the partnership process, into which we are all bound to a greater or lesser extent. However, a greater issue is the right of people to be represented by a trade union which, in turn, is recognised by employers as a negotiating body. Sooner or later we will have to deal...

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

Derek McDowell: Subsection (2) deals with the Permanent Defence Force. However, when discussing section 8 of the Bill the Minister of State indicated that arrangements for the Defence Forces were still under negotiation and consideration by the Minister for Defence. However, there is a provision in section 10 that specifically provides for a pensionable age from 50 years. Is the matter still under...

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

Derek McDowell: The Minister of State has been helpful in clarifying the matter. However, it seems remarkable that the Bill will contain a provision which will, in effect, negate its impact. The purpose of the Bill is to do away with existing special arrangements. However, if the Minister for Education and Science decides on 3 April 2004 to put in place the arrangements for new entrants that already exist,...

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

Derek McDowell: This covers the situation where someone is working beyond 65 and whether those years are taken into account for reckoning service. Is that a correct estimate? It brings into play the related situation whereby people have served 40 years and attained the maximum entitlement to a pension. Do they, or should they, continue to make PRSI contributions or contributions to a defined benefit or...

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

Derek McDowell: Does that mean the Minister of State has made no decision on the commission's recommendations?

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

Derek McDowell: It would be useful, and we should provide in the section that there should be consultation with any trade union of which the individual is a member, rather than effectively leaving the decision to management.

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

Derek McDowell: The Bill does not say that.

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

Derek McDowell: I join other Senators in thanking the Minister of State for the way in which he dealt with the Bill today. I appreciate it can be difficult to come into either House with what I expect are overriding instructions from the Department of Finance not to give a great deal. Even in that context we have had a useful discussion and at least started the process of teasing out the details. Details...

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

Derek McDowell: I endorse what others said. Those of us trying to make this argument are in some difficulty. The case is incontrovertible that there are special circumstances affecting teachers and politicians. These circumstances were identified through experience over the years and were dealt with by negotiation with the trade union movement, particularly in respect of teachers. Former members of the...

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

Derek McDowell: This is a very important amendment. What is being done in the Bill contrasts with Government and ministerial policy as stated over a number of years. Under the strategic management initiative, the Government has always said that it liked the idea of people taking a few years out to go into the private sector and coming back to the public sector. I can think of a whole range of professional...

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

Derek McDowell: There are a number of technical matters in section 2 that should be clarified by the Minister of State. Section 2(4)(II), discussed earlier, deals with people returning to the public service after a break. It states: "where paragraph (a) applies, the terms of the offer of appointment would be contravened if subsection (1) were to apply." This suggests that a specific contract which sets out...

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

Derek McDowell: That is not clear from the way the subsections are drafted. I appreciate that is the intention but subsection (6) deals with public servants and the public service includes Oireachtas Members.

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

Derek McDowell: I am happy to accept that. The Minister of State did not deal with my first point, probably because I did not put it very clearly. I have had an opportunity to look at it again.

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

Derek McDowell: I did not express myself clearly. Perhaps I could try again. The relevant parts are set out in section 2(4)(a). It states: "[Where] a person duly receives a written offer of appointment as a public servant before 1 April and takes up that offer after that date,". Section 2(4)(II), which can be read in conjunction with this, states: "where paragraph (a) applies, the terms of the offer of...

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

Derek McDowell: It does not get any easier.

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

Derek McDowell: If not why not?

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

Derek McDowell: Was the Senator not a public servant all along?

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

Derek McDowell: When I broached the issue of nurses earlier in the debate, the Acting Chairman felt I was out of order. It could be usefully explored in this context. It is common practice, particularly outside Dublin, for nurses who no longer work full time to be on a panel, which makes them available for work whenever a hospital or health institution requires them. I am not clear whether these people are...

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

Derek McDowell: I cannot allow that comment to go without some sort of rebuttal. The State has a dual role. We must consider this matter from the point of view of the employers. This proposal would unilaterally change the terms of employment for future employees. As the employer of civil servants, the State must ensure that the Civil Service continues to provide the best possible service and that those...

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