Brian Lenihan Jnr (Dublin West, Fianna Fail)

We are talking about the definition of a public servant in this section. The definition of a public servant might be taken to encompass a judge, the President, the master of the High Court, a taxing master or a county registrar. For that reason they are expressly excluded in the definition of a public servant. The other categories referred to by the Senator can clearly be addressed in the appropriate sections in which they are mentioned. For many of the other categories, the pensionable age is addressed in section 10. Within the definition of a public servant it was considered desirable to include an express reference to these individual office holders, who are addressed in previous legislation, lest they be construed unintentionally as public servants for the purpose of the legislation.

I should have replied to Senator McDowell on the question about the regulation. The 1976 Act gave power to the Minister to make regulations and the 1980 regulations were made under that legislation. However, the Attorney General has advised we should not use regulations to amend primary legislation.