Seanad debates

Tuesday, 8 December 2015

Social Welfare and Pensions Bill 2015: Report and Final Stages

 

10:30 am

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail) | Oireachtas source

I wish to respond to the comments made by the Minister of State. I appreciate his response and its bona fides. However, the reality of the situation is that we have living proof of what has happened to specific groups of pension scheme members. They have been disproportionately cut yet had no recourse. In many instances, particularly with larger companies, while the trustees belong to a separate body from the company and the scheme is held under trust as a separate entity to the company, the reality is that all of the weight and power is vested with the employers and also with the current employee representatives. The provision has not worked and will not work currently as it stands, which is proven by the IAS scheme. Opposition to an appeals mechanism is probably due to the fact that the Seanad and the Government do not want an amended Social Welfare and Pensions Bill to go back to the Dáil because of the legislation programme of the Dáil.

I have debated this matter at length with the Tánaiste and Minister for Social Protection although we have not had any engagement since the wind-up of the IAS scheme, which I do not take personally. I do not think it is coincidental either that she does not propose to attend the House this week to take any Stage of the Social Welfare and Pensions Bill. I appreciate the Minister of State's direct engagement with the Chamber and know that he has listened to us but I will press my amendment. The only way to have a proper appeals mechanism is to have it written into law. Unfortunately, in many instances when a member writes to a scheme's trustee it is not worth the paper it is written on. If the trustee of the scheme and the employer have decided effectively and have put a proposal forward as to what will happen by way of restructuring then it will happen and it is used as proof. The Minister of State's officials know all of this as well, the Department knows it as does the pensions section of the Department. Unfortunately, this is not the only time it will happen and in saying that I do not mean to be the prophet of doom. I intend to press my amendment.

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