Brian Lenihan Jnr (Dublin West, Fianna Fail)

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 employment contract, whether explicit or implied, because the 26-week provision mirrors the periods used to define continuous employment in other employment legislation. The amendment would have the effect that any former public servant could rejoin the public service within 26 weeks of 31 March 2004 without being treated as a new entrant, regardless of the length of time between the ending of his or her former service and the commencement of the new period of service.

The intention of this subsection is to take account of persons who have been in recent temporary employment in the public service and who will be employed again the public service in the near future, but are not actually serving on 31 March 2004. I am satisfied that the subsection as currently drafted achieves this effect.