Seanad debates

Thursday, 30 May 2013

Financial Emergency Measures in the Public Interest Bill 2013: Committee and Remaining Stages

 

11:30 am

Photo of Thomas ByrneThomas Byrne (Fianna Fail) | Oireachtas source

During our debate on amendment No. 8 I made the point that section 2 gives the Minister very novel powers and takes power away from Parliament. I thank the Minister's officials for briefing me during the Vote and it proved useful. Part of the reason that I called for a Vote was to seek clarification.

The Minister did tell me that the 2009 Act contained a similar power or provision. It does not. I have been advised that there is a general power for Ministers to vary terms and conditions and I accept that. In my view, it is extremely rare for powers to be used in an adverse manner or for contracts to be interfered with by anybody.

I have a difficulty with the section, apart from its novel value for giving powers to a Minister to make decisions on an ongoing basis. If the Minister already has these powers then why must we enact them today? The provision acts as a threat and hangs over people. The Haddington Road agreement made a provision for the Minister to make changes but section 2 hangs over the people who will vote on the agreement. The provision acts as a threat and that is wrong for two reasons. First, it is wrong for a legislative threat to be made to ordinary workers and their families. Second, it is wrong to give Ministers these expressed powers in legislation. The Oireachtas can enact Bills to cut pay. We do not like doing it but sometimes we are forced to do so. The quote the Minister cited the last time related to the 2009 Act and not to a specific power contained therein for Ministers. In fact, there are no specific powers contained therein for Ministers analogous to the power that is being granted in the section. There is a difference. It is wrong to give Ministers these powers and it chips away at democracy.

Another example of chipping away at democracy are the changes being made to local area boundaries following the submissions made and results provided by the commission. The Government has adopted the constant tactic of chipping away at democracy and wants to take powers away from Parliament to give them to Ministers. It wants to abolish the Seanad but appoint a group of experts who are its cronies. The Government has moved away from its promises.

Significant adverse changes to the terms and conditions of employment of public sector workers, whether in regard to core pay or allowances, should be put before the Oireachtas, if applied on a general basis. I object fundamentally to the powers being granted here.

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