Derek McDowell (Labour)

There are a number of technical matters in section 2 that should be clarified by the Minister of State. Section 2(4)(II), discussed earlier, deals with people returning to the public service after a break. It states: "where paragraph (a) applies, the terms of the offer of appointment would be contravened if subsection (1) were to apply." This suggests that a specific contract which sets out the terms of employment needs to be in place. I am not sure to what extent that is normally the case within the Civil Service or the public service. I am also not sure that employees are told their pension arrangements in black and white terms. There seems to be a requirement that there should be such an expectation and those terms should be clear from the start if someone is to benefit from that.

Subsection (6) concerns a public employee who returns to the public service after a break. The Bill proposes that if someone leaves the Civil Service after 1 April 2004, yet returns later, they are deemed to be a new entrant. It is not clear how this relates to subsection (5), which deals with Oireachtas Members. I understand the Minister's intention is that Oireachtas Members elected before 1 April 2004 are not caught by this. Oireachtas Members not re-elected at the next election but elected at a subsequent one would still be saved by virtue of the fact they were here before 1 April 2004, thereby qualifying for early payment of pension. From the way subsection (6) is phrased, it is not clear that Oireachtas Members are excluded from it. Subsection (6) sets out the general provision that if one departs from the Civil Service and returns, then one is deemed a new entrant.

What does the Minister of State understand the word "seconded" to mean? The Bill provides for where a person on 31 March 2004 stands seconded from the public service to a body. Does that require a specific agreement in writing and that the secondment be clearly set out? There is no definition of "seconded" in the Bill and the argument could arise of what is meant by a secondment as distinct from, say, a career break. Does it require that all the terms of departure from one body and the terms of employment in another should be agreed in advance, including the return date to the original body? Are more flexible arrangements also covered by it?