Derek McDowell (Labour)

Why did the Minister of State choose to use primary legislation to amend the regulations? It seems odd that the regulations would have amended primary Acts in the first place but that being the case, why the opposite approach now? I am not sure that something of this nature should be an issue for legislation. It is primarily a matter of industrial relations and for negotiation with particular bodies or groups of workers within the Civil Service. I imagine the trade union movement would take that position. Rather than reducing what is a very important issue to workers, many of whom work in extremely diverse jobs, to one sentence in one subsection of a Bill that states that everybody should retire at 65, we should just allow industrial relations to take it course and acknowledge that many different cases have special circumstances, which will require particular regulations, public service agreements etc. While I accept we are not yet discussing it, section 3 represents a blunt instrument and is inappropriate.

The Minister has spoken about judicial appointments legislation. While I do not intend to delay the House on this matter, if the provisions for the retirement age of judges are set out in legislation then surely it has to be open to the Oireachtas to amend such legislation. There can hardly be a general principle that while judges are entitled under the Constitution to work forever, nobody else is so entitled, notwithstanding the fact that it is a constitutional office. I made the point to highlight that judges, the President and the Taoiseach are separate. If we accept there are particularities relating to many different offices, why go down the road of making a general rule?

I asked about commercial bodies, as I could not think of any that might be affected. I am sure there must be some.