We are dealing with an important subject. I agree with Deputies that this is important legislation and thank them for facilitating its relatively speedy passage through Commit tee Stage. There has been much discussion on this issue. I will recall the Government's position on the points raised by Deputies Rabbitte and Perry.
The Deputies will recall that the issue of remuneration and pensions was discussed on Second and Committee Stages. I outlined on Committee Stage that following representations from the ICTU I had the issue examined in detail by the Office of the Chief Parliamentary Counsel to the Government. The Government amendment to section 3, which was approved on Committee Stage, clarified for avoidance of doubt that the terms and conditions of employment included pension schemes. That was an important amendment and it met the ICTU's genuine concerns in that regard. However, the amendment now proposed by Deputies Broughan and Rabbitte attempts to backdate entitlements under the Bill to 20 January 2001, the date the directive was due to come into effect, particularly in relation to pay and pensions.
As I said on Committee Stage, during discussions with the Department's legal advisers the question as to the propriety of interpreting the directive as covering remuneration and pensions arose. A view emerged that Protocol 14 on social policy, to which the Deputy referred, which is annexed to the treaty establishing the European Union and which constitutes the legal basis of the directive, is clearly expressed as not applying to pay and, by extension, to pensions. Accordingly, the Department sought from the Office of the Attorney General a formal legal opinion on the matter. A response from that office was recently received to the effect that in its view the wording of Protocol 14 precludes the application of the part-time work directive to remuneration and pensions. Accordingly, while the Bill applies to remuneration and pensions, it does so because of the Government's commitment to this effect, as Deputy Rabbitte acknowledged, in the Programme for Prosperity and Fairness, not as a requirement of the directive. The important implication of this advice is that as regards remuneration and pensions, any benefits accruing to part-time employees arising from the enactment of the Bill will apply from a future date only. That is the legal position.
As someone who has had ministerial responsibility, Deputy Rabbitte knows there is a huge constitutional difficulty with retrospective legislation. Backdating will not arise in these areas in respect of the period since 20 January last when the directive was due for transposition into Irish law. I accept the Deputy's right to question this issue now. In the light of this legal advice I do not propose to accept the amendment. I accept the right of Deputies to raise the issue. I am conscious that many part-time workers are watching this debate closely. Deputy Rabbitte mentioned some part-time workers, but there are others in the teaching area, for example, who are anxious to see the legislation passed. We have had discussions with the Department of Education and Science which is monitoring developments in relation to the passage of this Bill in so far as they may affect the terms and conditions of teachers' employment and issues relating to conditions which, as Deputies will appreciate, are normally dealt with through the teachers' conciliation council which is chaired by the Department of Education and Science and meets on a regular basis.
As Minister of State, it is my responsibility to steer this legislation through the Houses as quickly as possible. If there are issues to be dealt with by other Departments and Ministers, they will be dealt with in a different environment. It is important for me to spell out the legal position as we see it. The Deputy mentioned the Council meeting in 1997. Our legal advisers would have taken the points the Deputy made into account when deciding their position. We have gone as far as possible under our legal authority, particularly in terms of commitments in the Programme for Prosperity and Fairness. There is a constitutional problem with retrospective legislation. There may be other fora in which certain part-time workers will be able to deal with their cases.