Results 16,241-16,260 of 16,537 for speaker:Brian Lenihan Jnr

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

Brian Lenihan Jnr: ——or if it does not fall within the definition of a public service body. I discussed that provision when I moved the technical amendments regarding the Companies Acts. Some commercial sponsored bodies could fall within the definition and for that reason there was an express exclusion in Schedule 1. Otherwise it is a matter of interpretation. The definition of a qualifying office refers to...

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

Brian Lenihan Jnr: No.

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

Brian Lenihan Jnr: Yes.

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

Brian Lenihan Jnr: We are not aware of any commercial bodies that are included. Essentially, the purpose of the definition is to exclude all non-commercial bodies. The Senator is quite right in what he says about judges and court officers. It is open to the Oireachtas to amend the courts of justice legislation for new entrants to the Judiciary. However, I made the point more generally to stress that it has...

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

Brian Lenihan Jnr: We are talking about the definition of a public servant in this section. The definition of a public servant might be taken to encompass a judge, the President, the master of the High Court, a taxing master or a county registrar. For that reason they are expressly excluded in the definition of a public servant. The other categories referred to by the Senator can clearly be addressed in the...

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

Brian Lenihan Jnr: I declare an interest as a member of the Houses of the Oireachtas Commission. The staff of the Houses of the Oireachtas Commission are civil servants of the State. They are not civil servants of the Government, but of the State. They are within the definition of civil servants in section 1(1). The legislation applies to them.

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

Brian Lenihan Jnr: I am not quite clear about the secretaries and I would have to check whether each is engaged under a contract to a particular Member.

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

Brian Lenihan Jnr: I agree with Senator O'Toole. I was making clear to Senator McDowell that the staff of the Houses of the Oireachtas are civil servants of the State, but it is far from clear that where a Member engages a secretarial assistant by way of contractual fixed-term arrangement, such a person is a member of the staff of the Houses of the Oireachtas and therefore a civil servant. My understanding is...

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

Brian Lenihan Jnr: They are not covered, strictly speaking.

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

Brian Lenihan Jnr: We might return to this matter on Report Stage. Civil servants of the Government or of the State are a defined, ascertainable group of persons. I am not clear about whether the group of persons to which the Senator is referring are in that category or not.

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

Brian Lenihan Jnr: I am happy to advise the House that an unestablished civil servant is not covered by this legislation. That is the current position, but they will later fall within the scope of the legislation.

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

Brian Lenihan Jnr: Once they become established they are, by definition, civil servants.

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

Brian Lenihan Jnr: No.

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

Brian Lenihan Jnr: They are civil servants. They are unestablished civil servants. They are not established under legislation; that is why the expression "unestablished" is used to refer to them. They have already arrived as civil servants.

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

Brian Lenihan Jnr: I understand the intention behind Senator O'Toole's amendment, but there is an issue of principle involved. In the budget, 1 April 2004 was announced as the effective date after which the new arrangements would apply and the Minister sees no reason to depart from this. Besides, if the amendment was accepted it would undermine the current link between a non-new entrant and the existence of an...

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

Brian Lenihan Jnr: If a person resigns his office he has made a conscious decision to terminate his contract of employment, so he can only come back as a new entrant in that instance. Naturally, if a person is on leave, paid or unpaid, there is no difficulty under the legislation.

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

Brian Lenihan Jnr: If they have gone for a year without obtaining leave of absence, paid or unpaid, they have resigned from their position.

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

Brian Lenihan Jnr: I am sure the Minister has a high regard for nurses and teachers. I would not entertain the idea that there is any member of the Government who does not have the height of regard for them. I have great regard for the work done by teachers and nurses.

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

Brian Lenihan Jnr: Our view about their work motivation has nothing to do with this legislation. The Bill has to deal with the demographic timebomb we face in the future. If there is leave, paid or unpaid, this legislation does not apply. The person does not become a new entrant if he or she is on paid or unpaid leave. If a public servant opts to resign, that creates a different position. Extensive mobility...

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

Brian Lenihan Jnr: If we amend the definition of a new entrant to dilute it even further, we will give an advantage to a particular group at the expense of other groups who might wish to join the public service.