Leo Varadkar (Dublin West, Fine Gael)
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Question 236: To ask the Minister for Finance if his attention has been drawn to any group or class of public servants where it may be appropriate to utilise his powers under section 6 of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009; if so, the cases examined; his response in each case; and if he will make a statement on the matter. [4758/10]

Finian McGrath (Dublin North Central, Independent)
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Question 250: To ask the Minister for Finance if he will support a matter (details supplied). [5095/10]

Ruairi Quinn (Dublin South East, Labour)
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Question 254: To ask the Minister for Finance if he will exercise his powers under section 8 of the Financial Emergency Measures in the Public Interest Act 2009, to exempt research staff at third level institutions from deductions under section 2 of that Act, having regard to the particular aspects and conditions of their employment that materially distinguish them from other employees in the public sector; and if he will make a statement on the matter. [5137/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 236, 250 and 254 together.

Section 6 of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 provides that, in certain limited circumstances, the Minister for Finance may by direction exempt or vary the application of the pay reductions provided for in the Act to public servants or groups of public servants.

Directions have been made by me under section 6 concerning the reduction of salary for the assistant secretary and deputy secretary grades in the Civil Service, and for certain public service grades related to the assistant secretary and deputy secretary grades. In the case of assistant secretary, deputy secretary and related public service grades, I decided that the pay reductions should comprise both a reduction in the salary scale and the termination of the scheme of performance-related pay previously applicable to the grades which entailed an average payment of 10% of salary. Representations were made to me in respect of the assistant secretary and deputy secretary grades by the Association of Assistant Secretaries and Higher Grades. The numbers of public servants covered by the directions is about 655.

I have also directed that an exemption from the pay reductions in the legislation should apply where those reductions would reduce the pay rate of public servants to at or below the statutory minimum wage. The direction will apply only to a small number of very atypical employments in the public service, normally linked to employment as part of intellectual disability support programmes. This direction was made after my colleague Minister of State, Deputy Martin Mansergh, brought the issue to my attention.

Representations from a number of Deputies have been made in relation to the application of the pay reductions to contract researchers. The Financial Emergency Measures in the Public Interest (No 2) Act, 2009 makes provision for the reduction in the pay rates of all persons employed by public service bodies with effect from 1 January 2010. As universities come within the definition in the Act of public service bodies, contract researchers employed by such universities are subject to the pay reductions provided for under the legislation, regardless of the source of funding for that employment. I have no proposals to exempt persons in that position from the pay reductions.

In addition, the Department of Health and Children has drawn my attention to outstanding awards arising from Report No 42 of the Review Body on Higher Remuneration in respect of certain HSE grades, which were not implemented prior to the enactment of the pay reduction legislation. No determination has been made in that case.