I propose to take Questions Nos. 81 and 82 together.
Paragraph 19.22 of the public service pay agreement in Sustaining Progress provides that the payment of the final two phases of the benchmarking increases and the three general round increases is dependent, in the case of each sector, organisation and grade, on verification of satisfactory achievement of the provisions on co-operation with flexibility and ongoing change, satisfactory implementation of the agenda for modernisation, maintenance of stable industrial relations and absence of industrial action in respect of any matters covered by the agreement.
Section 26 sets out the verification arrangements. These include the adoption of action plans and the establishment of performance verification groups, PVG, in each main sector. In relation to sectoral verification of progress the steps set out in the agreement are as follows.
The Secretary General responsible for the sector will submit the reports to the PVG together with his or her assessment of progress achieved. Before reporting to the PVG, the Secretary General will inform the appropriate national council of the assessment of progress which he or she intends to convey to the PVG. Where the Secretary General considers it likely that his or her report on the assessment of verified progress achieved would not warrant implementation of a pay increase, the matter will be discussed by the relevant national council before the report is finalised and if he or she still intends so to report will convey any union side comments to the PVG.
The PVG will decide on the basis of the reports submitted to it if the level of progress achieved during the period warrants the payment of the relevant pay increase(s). It will be open to the PVG, if it considers it desirable, to request the Secretary General to reconsider the report, or aspects of it before a final decision is taken by the PVG. In this event, the Secretary General will inform the relevant national council of the response he or she intends to make and will include any union side comments in the response to the PVG.
If the PVG decides in any case that the making of a payment is not warranted, the relevant Secretary General will refer the matter to the relevant national council for discussion before he or she takes a final decision. In the event that a trade union considers that the decision made by a Secretary General is not in conformity with the terms of the agreement, it may have recourse to the provisions of paragraph 19.9 of the Public Service Pay Agreement, which deals with breaches of the agreement.
The agreement provides that progress can be assessed at sectoral, organisational and grade level. If the issue of a payment being withheld arises, whether that should apply at sectoral, organisational or grade level will depend on the circumstances giving rise to the decision not to make the payment.
The agreement provides that the assessment will be made on five occasions under the agreement and, if it arises, the amount withheld will be the increase due on that date. Of course if previous increases have been withheld they too can continue to be withheld if a breach of the agreement has taken place.