Special Committee Law Reform Commission Bill, 1975 debate -
Wednesday, 19 Feb 1975

SECTION 11.

Mr. Costello

I move amendment No. 8:

In page 7, subsection (7), lines 18 and 19, to delete " on secondment from the civil service ".

This is a drafting amendment. A civil servant on secondment from the civil service remains a civil servant and he would continue to be pensionable under the Superannuation Acts. Accordingly, it is not necessary to make any provision in the Bill for a seconded civil servant who may be appointed a commissioner. If however a civil servant is appointed a commissioner otherwise than on secondment then he should get the terms as other commissioners. Subsection (1) as amended would permit this to be done.

Mr. O'Malley

Does it mean that if a civil servant is made a commissioner he remains a civil servant?

Mr. Costello

You could have two situations. Where a civil servant is made a commissioner on secondment, he remains a civil servant and he has the benefit of his old superannuation scheme. If he ceases to be a civil servant and leaves the civil service and becomes a commissioner we are making provision in the subsection for that.

Mr. O'Malley

That he will get a pension?

Mr. Costello

That he can avail of the superannuation scheme.

Amendment agreed to.

Section 11, as amended, agreed to.