Martin Mansergh (Tipperary South, Fianna Fail)

I would be second neither to the Leas-Chathaoirleach nor Senator O'Reilly in my deep respect for the contribution made by councillors and members of local authorities. Prior to my current office, as a Member of this House and the other House, I expressed sympathy with the medium to longer term aim of them becoming pensionable. Speaking on a personal basis, I have little doubt it will come about in due course. However, if I am to adopt a strict construction of the Bill, it would be reading far too much into it to read any commitment whatsoever to introduce such a scheme.

The Minister introduced an amendment on Committee Stage of the Bill in the Dáil to clarify that members of local authorities were covered by the definition of public servant under the Act. While there is an argument that they were covered by the definitions in section 1 there is a doubt that they are referred to as members in the Local Government Act 2001 and it was not clear if a member held an office or position. On the advice of the Attorney General it was considered prudent, therefore, to include them specifically in the definition of public servants. As of now, they are not members of a public service pension scheme but the criteria in the Bill are wider than just membership of a public service pension scheme. Members of a local authority receive a gratuity under the local authority members' gratuity regulations 2002. One of the provisions under which the regulations were made is section 142 of the Local Government Act 2001, which relates to superannuation. The gratuity would therefore fall under section 2(1)(b)(ii) of the Bill and the recipients would be subject to the deduction. That is the state of play, as established by the Bill.