John Deasy (Waterford, Fine Gael)
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Question 140: To ask the Tánaiste and Minister for Education and Skills the reason Circular 0070/2010 specifying pay cuts under the Financial Emergency Measures in the Public Interest (No 2) Act 2009 for school employees such as cleaners, caretakers, school secretaries and others has been issued now; the legal advice she received regarding these categories of school staff when the Act was initially implemented and the way this legal advice has now changed; and if she will make a statement on the matter. [2492/11]

Mary Coughlan (Donegal South West, Fianna Fail)
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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.

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, caretakers and cleaners. It is not the practice to make public legal advice.