Results 941-960 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: The Minister of State is wasted in this job.

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

Derek McDowell: I wish to raise a point which is a little less arcane than some of the points we discussed earlier. This section gives a facility to people to remain at work beyond the age of 65 years if they choose to do so. It is not clear that this is exactly the case but that is how I read it. However, it then restricts that facility to new entrants. It does not apply to anybody who is currently in the...

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

Derek McDowell: I would like clarification on a point which relates to drafting as much as to anything else. Can the Minister of State clarify whether, subject to what is in the section, it is the option of the individual garda whether he or she chooses to retire at 55 years of age or stay on for a continued period? It appears from the way it is drafted that it would be open to the commissioner,...

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

Derek McDowell: The legislation does not make it crystal clear that a garda may choose to leave at 55 years of age. As written, the legislation would allow the commissioner to require the member to continue until he or she was 60.

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

Derek McDowell: It is not clear that the option is the garda's and not the commissioner's.

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

Derek McDowell: Where do we stand with this section? In effect this is an enabling section in so far as it enables the Minister for Defence to produce a scheme for the PDF. I am not sure that this has already been published or agreed with the representative bodies within the PDF. Despite this, will the Minister give us the benefit of his notes and let us know the situation?

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

Derek McDowell: Is there an implied or actual contract?

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

Derek McDowell: I endorse the point made by Senators Browne and O'Toole. It does not matter much whether an individual decides to stay in the teaching profession or not. The fact is that when they entered teacher training they did so in the expectation that certain conditions of employment would be available to them and, by and large, they do go on to be teachers. It is reasonable to preserve that...

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

Derek McDowell: I will raise it under the section. The point at issue with this amendment is the preservation of the expectation of people in the public service who are in a course of training. I wanted to ask about nurses.

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

Derek McDowell: I am aware of that. However, we must deal with this by relation to the provision for gardaí. That is where this arises.

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

Derek McDowell: We have been debating the issue already. The Minister of State has justified this provision on the basis that a provision has been made for gardaí. We must relate it to other professions and other courses of training to which it is clearly relevant. We are not saving time if I have to go back on it later.

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

Derek McDowell: I will raise it again in a few moments.

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

Derek McDowell: If the issue of nurses had been raised in this regard, no doubt the Minister of State would have been allowed to respond on that basis.

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

Derek McDowell: I do not want to delay matters so I will save the issue of nurses for a few moments. I wish to ask the Minister of State about the issue to which he referred, which the Acting Chairman deemed to be in order, namely gardaí. He specified that gardaí had an implied contract. I am not quite sure what that means. Does it mean they have an actual contract of employment before they enter...

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

Derek McDowell: I do not understand what the phrase "implied contract" means. Is a contract in place beforehand?

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

Derek McDowell: Is it in writing?

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

Derek McDowell: I note the definition of "public servant" excludes five positions, namely the President, a member of the Judiciary, the Master of the High Court, a taxing master or a county registrar. Why have these five positions been excluded from the definition of public servant? There is no obvious reason for this. Schedule 2 makes substantive amendments, running to almost five pages, to old enactments....

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

Derek McDowell: Can the Minister of State say where that is set out?

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

Derek McDowell: Which ones are not included?

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

Derek McDowell: Yes.