Written answers

Thursday, 7 March 2024

Department of Public Expenditure and Reform

Statutory Instruments

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent)
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210. To ask the Minister for Public Expenditure and Reform how Section 17(1) of the Pensions (Increase) Act 1964, the Regulations made thereunder, and the Explanatory Note attached to S.I. No. 55/1977 impact the exercise of discretion by him, and if his discretion is absolute or fettered by these statutory provisions; and if he will make a statement on the matter. [11388/24]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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As Minister for Public Expenditure, NDP Delivery and Reform, I have overarching responsibility for public service pension policy, including in relation to pension increases in the public service.

As the Deputy is aware, the Pensions (Increase) Act, 1964 provided for ministerial discretion on the application of pension increase policy for public servants, without a prescribed methodology for how increases would be calculated. The discretion is exercised by the Minister for Public Expenditure, NDP Delivery & Reform.

- Part II of the Act relates to the application of pension increases in 1962 only.

- Part III of the Act, which includes Section 17, relates to the application of pension increases in 1963 only. It is my view that Section 17 does not impact the exercise of ministerial discretion in the matter.

- Part IV of the Act codifies miscellaneous provisions, and includes Section 29, which provides for the ministerial discretion around application of public service pension increases.

The Regulations made under the Act generally also relate to pension increases granted at a point in time, and the methods used to calculate those increases.

The Explanatory Note attached to S.I. No. 55/1977 contextualises the intent of the instrument, which was to apply pension increases in 1976, and to clarify the methods to be used for those increases. The two methods specified were to increase public service pensions via comparison to in-service salaries as at 1 July 1976, and to increase Military pensions and other pensions by a flat percentage. It is my view that the Explanatory Note, and S.I. No. 55/1977 itself, do not impact the exercise of ministerial discretion in the matter.

To conclude, the statutory provisions do not impact Ministerial discretion on public service pension increases.

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