Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Question 137: To ask the Tánaiste and Minister for Education and Skills if she will respond to correspondence (details supplied); and if she will make a statement on the matter. [2459/11]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

The Financial Emergency Measures in the Public Interest (No 2) Act 2009 (the Act) determined the criteria for reducing the pay of public servants with effect from January 2010. However, when the Act was introduced, there was a question as to how a public servant should be determined for the purposes of this Act. Subsequently, following receipt of legal advice, it has now been determined that all staff employed by a recognised school or VEC come within the definition of "public servant" solely for the purposes of the Act.

While it is correct to say that fee-charging schools do not receive capitation or ancillary grants, the legislation has determined that all persons employed by a recognised school (including a fee-charging school) or VEC, regardless of the source of the money used to fund their salary, the lack of ability of any Minister or Department to determine on their appointment or set their pay rates, and irrespective of whether or not they are eligible for, or members of, a public service pension scheme, are "public servants" within the meaning of the Act.

It is important to point out that the fact that affected staff employed by recognised schools and VECs come within the definition of "public servant" solely for the purposes of the Act does not alter their employment status in any other respect. In view of the time lapse involved in reaching a determination on this issue, the Minister for Finance has allowed for a temporary exemption from the application of the Act for these categories of staff up until 31 December 2010. Accordingly, my Department issued Circular 0070/2010, on 26 November 2010, which outlined that adjustments in salary should be applied with effect from 1 January 2011, to all relevant staff in the employment of recognised schools or VECs, who were not already affected by the pay reductions introduced under the Act. Some of the categories of staff affected by this Circular included school secretaries in all recognised schools (including fee-charging schools).