I thank the Deputy for raising this issue to which I am replying on behalf of the Minister for the Environment, Heritage and Local Government, Deputy Cullen, who is abroad on official business.
Leitrim County Council has assured the Department of the Environment, Heritage and Local Government that there is no threat of withdrawal of the fire service in Ballinamore at this time. The issue in Ballinamore arises from the implementation of the findings of an expert review group on the retirement age for firemen. I understand that three firefighters in Ballinamore, the station officer and two drivers, who are over the age limit set by the expert group are seeking to continue in employment. This is a matter which has to be resolved at local authority level.
Arising from a Labour Court recommendation and subsequent negotiations, a binding agreement was reached between the Local Government Management Services Board, representing the local authorities, SIPTU and the Amalgamated Transport and General Workers Union, representing retained firefighters, to establish an expert group to review the retirement age of retained firefighters, which has been set at 55 years of age since 1985. It was agreed that the findings of the expert group would be binding on the parties and would have to be accepted and implemented by both the Local Government Management Services Board and the trade unions.
The expert group issued its findings on 16 April 2003. Under these findings, the preferred retirement age of firefighters remains at 55 years. However, firefighters should have the option to continue working up to age 58 years, provided they apply to the local authority and pass an occupational health test each year. Any firefighter who does not have a written contract of employment with a higher retirement age may not be employed beyond the age of 58 years. Local authorities were advised by circular from the Department of the Environment, Heritage and Local Government on 24 November that the new arrangements should be put in place immediately.
The health and safety of both firefighters and the victims of fires has to be the primary concern to both management and unions and this has been at the centre of the review carried out by the expert group. It is essential that the new arrangements be implemented by all local authorities. Since the enactment of the Health and Safety Act 1989, local authorities have a statutory duty to avoid placing employees at risk. To allow firemen to work beyond the age recommended by the expert group would be irresponsible and could leave a local authority open to legal action in the event of injury or death either of a firefighter or of a victim of an incident.
There has at the same time been a significant improvement in the level of retirement gratuity which is now available to those retiring from the service. This has gone from three times the annual retainer to four times. In cash terms, this means that a station officer with 32 years' service will receive more than €55,000, while a driver will get almost €42,000.
The review of the retirement age was carried out on foot of a binding agreement between the parties. There can be no going back on that agreement at this stage and it falls on everybody to abide by the terms of the expert group's findings.
