Results 16,221-16,240 of 16,537 for speaker:Brian Lenihan Jnr

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

Brian Lenihan Jnr: Yes, 60 shall be substituted for 65.

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

Brian Lenihan Jnr: It is the legislative intention to reflect that distinction. I understand it is defined in the interpretation section of the Bill.

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

Brian Lenihan Jnr: I am not aware of the terms of such arrangements for the purposes of today's debate. However, if such arrangements are contractually in existence and agreed upon, they are not in any way affected by this legislation. They continue to stand. That issue is not germane to this Bill. The Civil Service Commission and Local Appointments Commission arrange for recruitment to public service...

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

Brian Lenihan Jnr: Senators O'Toole and Browne made an eloquent plea on this issue. However, the Minister is of the view that he must stick to the strict contractual link that exists in the contract of employment. The person who attends a teacher training college does not have a contractual link until he or she is engaged as a primary school teacher. That distinction is reflected in the legislation. The...

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

Brian Lenihan Jnr: There is also the holding, in the case of such a person, of a statutory office.

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

Brian Lenihan Jnr: There is a statutory office in the case of a garda trainee.

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

Brian Lenihan Jnr: It is not a mere expectation. It is an implied contract that on completion of satisfactory training that person will take up duties and be assigned as a member of the Garda Síochána in a definite post.

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

Brian Lenihan Jnr: The contract implies a legal right, it is not a mere expectation.

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

Brian Lenihan Jnr: It is a right to serve with the Garda Síochána on completion of training. I am not clear if it is written, but there have been numerous court decisions in this area. The position of a member of the Garda Síochána is more analogous, but not in all precise terms, to a person who is enlisted in the Defence Forces under the 1954 Defence Act. Where a person is attested in the Defence Forces he...

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

Brian Lenihan Jnr: I do not wish to discuss nurses, but I wish to employ them to illustrate a point, which is, the dangers of extending this category beyond the Garda Síochána to bodies which have expectations. If one extended the categories, as in the proposed amendment, this would encourage a type of debate that would be replicated in other categories.

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

Brian Lenihan Jnr: The Army cadet is——

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

Brian Lenihan Jnr: I agree with Senators Ormonde and Fitzgerald that a person starting training in any area, including teaching, has no guarantee regarding the jobs market or the terms or conditions that will apply to their employment on the completion of training. There has always been a chasm in law between a right and an expectation. The provision of this legislation deals with those who have rights, not...

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

Brian Lenihan Jnr: The amendment proposes to change superannuation to "pension" and, therefore, instead of "public service superannuation scheme" in the interpretation section, it will read "public service pension scheme". This is for consistency of language used in the Bill. Elsewhere in the Bill, references are to public service pension scheme which is defined in the Bill.

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

Brian Lenihan Jnr: It has no effect and is a textual change to ensure consistency in the language used in the legislation.

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

Brian Lenihan Jnr: This definition sets out the bodies which come within the scope of the Bill. It is a broad definition to ensure that all public service bodies are covered. Due to this, some commercial State-sponsored bodies could fall within the definition. The intention is that they should not fall within the scope of the legislation. Schedule 1 lists any such commercial State bodies and subsection (g) of...

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

Brian Lenihan Jnr: With regard to that interpretation, we seek to change "2001" to "2003" in the references to the Companies Acts 1963 to 2003. This amendment is to take account of the Companies Acts in the definition of "public service body".

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

Brian Lenihan Jnr: The rationale for the exclusion of members of the Judiciary from this legislation is that judges are different to other civil servants, primarily because they are appointed under Article 34 of the Constitution, which guarantees their tenure and terms of office. Their conditions cannot be varied by Acts of the Oireachtas. The retirement age for judges of the District Court is already 65 but...

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

Brian Lenihan Jnr: In the Courts of Justice Act, wherein the retirement ages of judges are specified. In the Supreme and High Courts, retirement age is 72 and in the Circuit Court it is 70. In the District Court it is 65 but there is a statutory provision enabling the Minister for Justice, Equality and Law Reform to extend the tenure of a District Court judge from year to year after the age of 65. All these...

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

Brian Lenihan Jnr: Was the Senator not dealing with the non-scheduled bodies?

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

Brian Lenihan Jnr: If it is not listed a body is not excluded other than as stated in the Bill——