Eamonn Maloney (Dublin South West, Labour)
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Question 213: To ask the Minister for Education and Skills his plans to carry out a review to cut the pay of approximately 17,000 staff, including school secretaries and caretakers; and if he will make a statement on the matter. [9322/11]

Ruairi Quinn (Dublin South East, Labour)
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I assume that the Deputy is referring to Circular 0070/2010 issued by my Department 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 Financial Emergency Measures in the Public Interest (No 2) Act 2009. Some of the categories of staff affected by this Circular included school secretaries and caretakers.

The Deputy should be aware that this measure was introduced by the previous Fianna Fáíl - Green Party Government. I am aware of the impact this has had on school secretaries and caretakers. Workers across the public sector have taken pay cuts in recent years and the current Government has stated that it will seek to avoid the introduction of further paycuts in return for full implementation of the Croke Park Agreement.

The Financial Emergency Measures in the Public Interest (No 2) Act 2009 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. The legislation has determined that all persons employed by a recognised 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.

The legislation does not exempt any individual or groups save for the Judiciary and the President due to provisions in the Constitution. Section 6 does provide a limited power to the Minister for Finance to exempt or vary the reduction in pay rates provided for in the legislation where exceptional circumstances exist or because of an arbitration award. In view of the time lapse involved in reaching a determination on this issue, the Minister for Finance allowed for a temporary exemption from the application of the Act for these categories of staff up until 31 December 2010.

Accordingly, my Department 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.