Sheila Terry (Fine Gael)

I have been asked to raise this on the Adjournment as a number of Departments have been unable to reply to my question on whether it is constitutional to compel people to take out a private sector pension. First, I asked my colleague, Deputy McGinley, to raise the matter with the Minister for Justice, Equality and Law Reform by way of parliamentary question. The Ceann Comhairle replied: "The Minister has no official responsibility to Dáil Éireann for this matter which is one for the Pensions Board; you may wish to contact that body in this regard." I duly contacted the Pensions Board which replied: "I am advised that it would not be appropriate for me, as a member of the executive arm of Government, to purport to determine on the constitutionality of any legal requirement." I then wrote to the Minister for Justice, Equality and Law Reform who replied:

The provisions of the Employment Equality Act do not extend to pensions which are more properly dealt with under the Pensions Act 1990. Therefore the matter may be more appropriate to the Minister for Social and Family Affairs. I have accordingly referred your correspondence to my colleague Ms Mary Coughlan, T.D., Minister for Social and Family Affairs, for consideration.

I then received a letter from the Minister for Social and Family Affairs stating: