Dáil Éireann Debate, Tuesday - 27 November 2018
87. Deputy Bríd Smith asked the Minister for Public Expenditure and Reform the way in which he plans to use FEMPI legislation to deal with unions and workers that do not sign up to proposed pay deals; if he has received legal advice on targeting workers of a particular union in the same workplace as other workers who have agreed to such a deal; and if he will make a statement on the matter. [49213/18]
View answerThe Public Service Pay and Pensions Act 2017 provides for a range of benefits for those public servants who have accepted and comply with the terms of the Public Service Pay and Stability Agreement 2018 - 2020.
In exchange for work practice reforms, greater productivity, improvements in how services are delivered to the public, industrial peace and restraint from cost-increasing claims, public servants benefit from an accelerated and more advantageous phased series of pay increases up to October 2020 as part of the unwinding of FEMPI legislation.
Separately, the Agreement also provides processes through the Public Service Pay Commission to address particular recruitment and retention issues in the public service and makes provision to address salary scale issues for "New Entrants" to the public service.
Legislation passed by the Oireachtas, the Public Service Pay and Pensions Act 2017 provides for accelerated payments only in respect of those public servants who have engaged with and are complying with the Public Service Pay Agreement 2018-2020. Such public servants are described as ‘covered public servants’ in the legislation.
Public servants who choose not to sign up to the Public Service Pay Agreement or having signed up, choose to breach the terms of the agreement in relation to industrial peace will not benefit from either the accelerated timetable (they will suffer a delay of nine months) set out in the agreement for pay increases or from the implementation of the recommendations of the Public Service Pay Commission or the New Entrant process. In addition, they will experience an increment freeze and will not benefit from advantageous changes to the payment of additional superannuation contributions. The legislation describes such public servants as ‘non-covered public servants’.
My Department is in receipt of regular legal advice including on the operation of the provisions of this legislation as required.
