Dáil Éireann debate -
Tuesday, 30 May 2000

Vol. 520 No. 1

Written Answers. - Garda Pensions Scheme.

Jackie Healy-Rae

Question:

331 Mr. Healy-Rae asked the Minister for Justice, Equality and Law Reform his views on whether there are grave anomalies in the Garda pension scheme; if his attention has been drawn to the fact that gardaí who retired before 1 October 1982 are treated less advantageously for calculation of pension purposes than gardaí who retired between 1 October 1982 and 31 October 1992; if his attention has been further drawn to the fact that gardaí who retired between 1 October 1982 and 31 December 1992 are in turn treated less advantageously than gardaí who retired on and after 1 January 1993; his views on whether the net result is that the Garda pension scheme is discriminatory; the action, if any, he proposes to take to rectify these anomalies; and if he will outline his intentions to address the grave anomalies as currently existing in the Garda pension scheme. [15209/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The scheme of conciliation and arbitration for the Garda Síochána provides the machinery for the determination of claims and proposals relating to conditions of service for members of the force up to and including the rank of chief superintendent.

Matters appropriate for discussions by the Garda Conciliation Council for ranks covered by the scheme include, inter alia, principles governing superannuation. Under the terms of the scheme this is not an arbitrable matter.

In 1982 a claim by the Garda Representative Association and the Association of Garda Sergeants and Inspectors to have a number of allowances which are paid to members of the force made pensionable resulted in a disagreed report of the Garda Conciliation Council. Although, as indicated, this was not an arbitrable matter, the terms of the second national understanding then operable allowed the matter go before the Garda Síochána Arbitration Board. The board, the chairperson of which is an independent entity, produced its report No. 15 in March 1983 which recommended that certain allowances, including rent allowance, be made pensionable with effect from 1 October 1982. The recommendations contained in the Garda Síochána Arbitration Board report No. 15 have been fully implemented.

That report specified that a number of allowances, collectively known as unsocial hours allowance, should not be made pensionable.

Following prolonged discussions at the Garda Conciliation Council agreement was reached in March 1994 which provided,inter alia, for the pensionability of unsocial hours allowances for members of the force who retired after 1 January 1993. The agreement was reached under the terms of the local bargaining clause – clause 3 – of the agreement on pay and conditions which formed part of the Programme for Economic and Social Progress. That claim does not allow for retrospection.

The Deputy refers to a statement by the Minister for Finance of 4 November 1997 relating to a Government decision that public servants who retired before the commencement dates of restructuring pay deals under the Programme for Competitiveness and Work should benefit from those pay deals on a parity basis subject to a minimum adjustment of 3% in their pensions, or 2% in the case of those pensioners who have already received an advance payment of 1%.

The Government has considered the issue of pension increases for public servants on several occasions since coming into office and, in order to help it in its deliberations, referred the matter to the Commission on Public Service Pensions.

It is stated in the Programme for Prosperity and Fairness that following Government consideration of the report of the Commission on Public Service Pensions, which is expected in mid-2000, a working group of the public service unions, relevant Department and other appropriate parties will be established to advise on the implementation of the relevant Government decision with a view to introducing, as quickly as possible, any proposed changes in public service pensions arrangements.