I propose to take Questions Nos. 245 to 253, inclusive, together.
The process of unwinding the Financial Emergency Measures in the Public Interest (FEMPI) legislation commenced under the Lansdowne Road Agreement 2016-2018. This was underpinned by the FEMPI 2015 Act. The provisions of the 2015 Act also allowed for the amelioration of the Public Service Pension Reduction (PSPR). The remainder of the process continued under the Public Service Stability Agreement 2018-2020 (PSSA) and the previous public service agreement, Building Momentum. This was underpinned by the Public Service Pay and Pensions Act 2017, implementation of which would complete the unwinding of the FEMPI legislation in relation to reductions in remuneration. The 2017 Act also provided for the complete unwinding of PSPR.
At the end of the PSSA 2018 - 2020, FEMPI pay reductions were reversed for all public servants earning up to €70,000 per annum, which equated to almost 90% of public servants. Allowances reduced under FEMPI were fully restored from 1st October 2020. Section 19 of the Public Service Pay and Pensions Act 2017 provided for the complete unwinding of remaining FEMPI measures on public servants paid an annual basic salary of up to €150,000 on 1 July 2021. Section 20 of the 2017 Act provided for the complete unwinding of remaining FEMPI measures on public servants paid an annual basic salary of more than €150,000, on 1 July 2022. This completed the process of unwinding FEMPI reductions for public servants.
Section 21 of the Public Service Pay and Pensions Act provides for the exclusion of certain officeholders from the restorations provided for in Section 19 and 20 of that Act.
Sections 9 and 10 of the FEMPI 2009 Act contained measures allowing public service bodies to reduce the professional fees paid by them to external service providers. Section 9(13) of the Act provided that the Minister for Health may review the operation, effectiveness and impact of the amounts and rates of payments to health professionals fixed by regulation under the Act and consider the appropriateness of same. This requirement to review has now been repealed under the Public Service Pay and Pensions Act 2017.
Section 42 of the Public Service Pay and Pensions Act 2017 sets out the arrangements in relation to professional fees. It provides that regulations made under sections 9 or 10 of the FEMPI Act 2009 were to remain in operation for a transitional period after the repeal of those sections. The Act provides relevant Ministers with the authority to set and vary fees, where contracts permit, following appropriate consultation with relevant parties. The Act provided a pathway for putting in place a new multi-annual approach to fees in return for service improvement and contractual reform.
It is the responsibility of the relevant sector to ensure measures in relation to pay, pensions and fees provided for under the relevant legislation has been correctly administered.
Section 12 the Financial Emergency Measures in the Public Interest (FEMPI) Act 2013 obliges the Minister of Public Expenditure and Reform to carry out an annual review of the FEMPI Acts and lay a report each year before the Houses of the Oireachtas. A report has been published each year since 2011. The 2023 annual report was published in June 2023 and can be found on the DPENDPR website. The 2024 report will be published by the 30th of June this year.
As the Deputy is aware, advice provided by the Attorney General to Government is subject to legal professional privilege.
