Olivia Mitchell (Dublin South, Fine Gael)
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Question 62: To ask the Minister for Finance if non-teaching school staff who are not either fully or partly-funded from the Exchequer are also subject to the pay cuts introduced for Exchequer-funded posts under the Financial Emergency Measures in the Public Interest (No.2) Act 2009; and if he will make a statement on the matter. [6085/11]

Michael Noonan (Limerick City, Fine Gael)
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As I mentioned in my response to PQ5488/11 by the Deputy on Wednesday, 23rd March, 2011, the Financial Emergency Measures in the Public Interest (No 2) Act 2009 provides for the reduction in the pay rates of all persons employed by public service bodies, as defined under the Act, with effect from 1 January 2010. The non-teaching staff referred to in the question are, whether employed in recognised public or private schools, deemed to be public servants within the meaning of and for the purposes of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 and the method by which such posts may be funded does not alter this position. This has been confirmed by legal advice.

As noted also in my response to PQ5488/11 the former Minister for Finance approved a temporary exemption under Section 6 of the Financial Emergency Measures in the Public Interest (No. 2) Act for certain categories of workers in the education sector (including certain caretakers and secretaries) until 31 December 2010. Accordingly, the Financial Emergency Measures in the Public Interest (No. 2) Act has been applied to those specific categories of workers in the education sector since 1 January 2011 only.