Joe O'Toole (Independent)

Under section 2(3)(b) a person is entitled to resume his or her office or position, or another office or position, within the public service. This refers to returnees in certain situations. It covers the right of people to return to a job in, for example, teaching, the public service or Civil Service. Does the Minister know what is being done here? I have listened to Members on the other side of the House and particularly to these go-ahead, progressive, market driven Ministers. Why not get some movement in the public service and allow people to leave and return? Let them go out into what the Ministers call the "real world".

Ministers think that teachers and nurses do no work. We are aware of what they say so there is no need for this Minister to make excuses for them. They think nurses and teachers do not do anything and that they should go out into the real world. What does this legislation say to people who decide to take a break of four or five years? I am not referring to a career break but to somebody who decides to leave a public service position to start a company. It might or might not work out or the company might be sold but ultimately the person may wish to return to the Civil Service and will be a much wiser person with a great deal more experience to offer. However, that person will return with a deteriorated level of pension expectation. Is that a good idea? Will the Minister admit it is a good idea? He knows it is not. It is daft.

My suggestion of the 26 weeks prior to it softens the impact. I cannot find anybody in the Fianna Fáil Party or in the Cabinet who considers this good legislation, with the exception of the Minister and I have told him this. Nonetheless, we are charging ahead. Senator McDowell mentioned earlier that it should be left to industrial relations. A minefield is being opened with this Bill. People will spend the next 40 years negotiating in the Department of Finance on Merrion Street to sort out the problems that are being created by this section. My amendment would be a tiny amelioration, which is not an issue of principle.

The Minister outlined the principle in the budget and sees no reason for departing from it. However, he has made at least five significant changes in the Bill which contrast with what he said in his Budget Statement. They are on the record and, by the way, they were good ones. I approve and applaud each one. However, let us not stop there. Let us do whatever is necessary to ensure we make this in some way applicable.