John McGuinness (Carlow-Kilkenny, Fianna Fail)
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73. To ask the Minister for Public Expenditure and Reform the reason persons who work in a private school and are not being paid by the school or the Department are included under the Financial Emergency Measures in the Public Interest Act 2013; if this anomaly will be addressed in budget 2016; and if he will make a statement on the matter. [35274/15]

Brendan Howlin (Wexford, Labour)
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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. Such reductions apply irrespective of whether a particular post is funded in whole or in part through non-Exchequer funds or income. The particular category of staff referred to in the question are, whether employed in a recognised public or a recognised private school, deemed to be public servants within the meaning of and for the purposes of the FEMPI (No 2) Act 2009. This position has been confirmed by a decision of the High Court.

There are currently no policy plans to exempt these staff from the relevant legislative provisions.