Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 3 Apr 1996

Vol. 463 No. 7

Pensions (Amendment) Bill, 1995: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

I welcome the appointment of representatives of IBEC and the ICTU to the National Pensions Board. This is a welcome addition. The Minister should also consider appointing a representative of the pensioners' organisation to the board as many pensioners are eminently and suitably qualified.

This Bill strengthens the provisions dealing with pensions, a matter of great importance. On Committee Stage the queries which have been raised can be dealt with in more detail when I am sure the Minister will be willing to accept any amendments which would strengthen the legislation.

I welcome this Bill which extends, amends, clarifies and strengthens the main provisions of the 1990 Act. Great credit is due to the Pensions Board which, after a period of five years, reviewed its work and the practical implementation of the 1990 Act. The sub-committee's comprehensive report to the Minister led to the introduction of the legislation before us. Very often reports and committees are used as an excuse for delay and inaction but in this case the board is to be complimented on its efficiency and the effectiveness of its work.

The Pensions Board was established by the Minister's predecessor, Deputy Woods. It is a representative board comprising a chairperson and 12 ordinary members. They are appointed by the Minister for Social Welfare but, under the provisions of the Act, the board must comprise representatives nominated by the trade unions, employers, the Government, the pensions industry and professional groups involved in occupational pension schemes. Members are appointed for a term of five years and casual vacancies are filled by the Minister or the nominating body, as appropriate. A person who fills a vacancy holds office until what would have been the normal expiry date of the term of office of the person he or she replaced.

The Pensions Board was established under the 1990 Act and it behoves us all to join the Minister for Social Welfare in giving credit to his predecessor, Deputy Woods, who introduced the 1990 Act. It is important legislation and provided much needed safeguards, regulations and minimum standards as well as greater access to preserved benefits and transfer from one employment to another, providing greater efficiency and flexibility. It ensured that if employees wished to change employment or be promoted they were not hindered by their commitment to a particular pension scheme. The Act also covered occupational benefits schemes, access to schemes, benefit rights and contribution levels. The Pensions Board was established, with a wide remit, to monitor and supervise the schemes. It has comprehensive powers to carry out inspections of the various occupational pension schemes.

Deputy Woods faced a most difficult task in bringing forward and concluding that legislation. There were over 25,000 different occupational pension schemes. It was important to ensure the security of people's pension rights and provide for the development of pension schemes without placing it at risk with over-regulation. The Act has been successful. It established an important balance between control on the one hand and regulation on the other.

Prior to the Act a study of the 12 member states did not show Ireland in a great light as far as the provision of pensions was concerned. Our pensioners were worse off than those in other member states in terms of what their pension could buy. Their reduction in income on retirement was the worst in the EC, with the exception of the UK. In the Netherlands an employee who retires can expect his or her pension to represent 93 per cent of previous earnings. That is different from the position of most Irish pensioners. In terms or purchasing power, Dutch pensioners are more than twice as well off as their Irish counterparts.

In our deliberations on pensions, we must look at age structure and life expectancy levels. The indications are that people can expect to live for 15 or 20 years following their retirement. It is important that people prepare for retirement through proper financial planning. The modern trend of early retirement at 55 years must also be taken into consideration. Ongoing legislation in this area must take account of changing norms and the move from the position which existed in the 1970s when pensions were drafted on the basis of a 40 year working life. Consideration must be given to altering the tax incentives available at present which are calculated on that basis.

While many employees receive a pension from their employers we are all aware of many self-employed people and farmers who have not made provision for their retirement. I know people in poor financial circumstances as a result of bad planning in their earlier years. We should emphasise the importance of preparing for retirement. Many business people and farmers reinvested their money in their business or farm and failed to provide for their retirement. The tragedy is they provided employment and service in their local community and paid social insurance contributions for their employees but failed to provide for themselves. They could not avail of a State pension. However, in 1988 the then Minister, Deputy Woods, introduced a scheme of PRSI contributions for the self-employed and farmers. Just as with other schemes he introduced it was an innovative and positive step. The scheme has been in operation for eight years and all retiring contributors will qualify for a pension. I appeal to the Minister to reconsider his stance in the case of a small group of people who were over 56 years of age in 1988 and pay them a pro rata pension as they were allowed to contribute to the scheme but do not benefit from it. Some of these people may have paid contributions for nine years and nine months but when they reach retirement age the State will tell them they do not qualify for a pension since they do not meet the ten year requirement. While we talk positively about pension schemes, private pensions and the Pensions Board and work hard in terms of coordination and regulation, we should also consider that flaw on the part of the State. This matter can be considered in a much different light now than was the case in 1988——

On a point of order, the Deputy has spoken at length about a matter which directly relates to social welfare pensions, but this Bill deals with occupational pensions.

What I am saying is that many self-employed people and farmers are at a disadvantage in terms of making contributions to pensions because of having to reinvest in their enterprises and therefore it is relevant to speak about them in the context of pensions. The Minister has a problem with our raising this issue, whether in a Bill such as this or at Question Time, but we will continue to make the point because it is a very serious matter for the people concerned who are reaching retirement age. There is no point waiting for a change in Government and some other Minister for Social Welfare to sort out the problem. It arises today for the many people who have eight and a half years' contributions, therefore it should be solved now rather than leave it to the year 2000.

It should have been solved in 1988.

The point has been made. Strictly speaking we should be addressing what is in the Bill. The Deputy has had some latitude in that regard.

There are many positive features in the Bill, which is a tidying up of the Pensions Act, 1990. There is reference in the Minister's speech and the Bill to the words "extend", "amend", "strengthen" and "clarify", and that is the purpose of the Bill. It extends, amends, strengthens and clarifies the 1990 Act, which is welcome. I look forward to debating the details on Committee Stage when we will put forward amendments to the Bill.

I trust the Minister for Social Welfare will not be as sensitive with me if I discuss the subject of pensions as he was with my colleague, Deputy Wallace. I would never dream of dictating to the Chair on procedures, but I always understood that on Second Stage of legislation it is entirely appropriate to discuss the principle not only of the Bill involved but the matter under discussion and to make wide reference to legislation.

By way of clarification, Deputies may refer not only to what is in the Bill but to what could relevantly be put into it.

I do not wish to make an issue of that but lest the Minister take me to task on it I am retaliating first, as well as defending my colleague, Deputy Wallace. I support this fine Bill. I compliment the Minister, Deputy De Rossa on it and the former Minister, Deputy Woods, for the work he put into it. I wish to bring to the Minister's attention the position relating to PRSI, particularly as it pertains to Telecom Éireann pensions, and ask him to consider it seriously. I do this in a helpful fashion.

That does not arise in this Bill.

In the context of the Leas-Cheann Comhairle's comment, I had hoped it would be addressed in this Bill.

On a point of order, PRSI is not a matter for this Bill. We spent days debating the Social Welfare Bill — it concluded in the Seanad yesterday — to which the point the Deputy is raising is relevant.

The Minister has made his point. Perhaps the Chair will be allowed to adjudicate on the relevancy or otherwise of these matters.

This is a pensions Bill and I want to bring to the Minister's attention——

——the question of pensions in a general sense as it affects the semi-State sector. That sector will be affected by the pension scheme as it now exists. While I referred to one company, the scheme applies to all semi-State companies. This matter is urgent in view of the proposed legislation from another Department. I previously asked the Minister to make available to Opposition Deputies the Attorney General's advice on the pensions issue as it applies to semi-State companies. For example, section 12 of the Social Welfare Bill provides that in the event of change of ownership in semi-State companies the lower rate of PRSI would apply.

The modified PRSI scheme does not cover pensions.

I am aware of that but this Bill should provide, in the event of the sale of shares in State companies, for amendments to PRSI to allow for the transferability of pensions of people who leave semi-State companies. Perhaps the Minister will consider this matter. I have asked a number of times why, in the event of shares being sold in State companies, as is about to happen in Telecom Éireann, the State should give a PRSI bonus to the incoming purchaser. If, for example, a company in Denmark or Norway buys a one-third share of Telecom Éireann the reduced rate of PRSI will apply. In an article by Matt Cooper in the Irish Independent recently he calculates that the cost to the State of the purchase by an outsider of a share in Telecom Éireann, paying the reduced rate of PRSI, is £35 million. The State should not fund employers' PRSI private purchasers of shares in State companies.

The Chair would appreciate if the Deputy would refer to more relevant matters.

I will do that shortly. I would ask the Minister to examine in particular the constitutionality of such a move and the EU law aspect. I would also ask him to consider where it fits into our membership of the Union. Will the Minister also closely examine the PRSI changes brought about by the purchase of shares in our semi-State companies? It would be unconstitutional, against competition law and unfair to other companies operating in the business, if the Government allowed incoming purchasers the benefit of reduced social welfare PRSI payments. Neither would it be fair to the workers. I have discussed this matter with many workers in the various State companies. Commercial State companies pay the full PRSI rate and non-commercial companies do not. Many of them make the point that to get the benefits they would like to consider the possibility of paying the full rate of PRSI.

I thank the Chair and the Minister for allowing me to digress a little from the Bill but this is a serious matter which requires urgent attention. I would be amazed if the Minister allowed incoming foreign companies a £35 million or £40 million bonus in year one by automatically giving them a reduced rate of PRSI. That would cost the Irish taxpayer £40 million which would go straight from the Exchequer to the incoming purchaser in that company. I want to ensure the Minister understands my concern about this matter and I ask him to give serious consideration to it. This is not appropriate use of public money. If foreign companies want to locate here they should be asked to compensate the Irish workers and the Exchequer. It was not necessary to provide in legislation, as the Minister did recently with regard to another Bill, that people who buy shares are given a reduced rate of PRSI. That decision is worth £35 million or £40 million and it is a blow to the Exchequer.

The Deputy should speak to the Bill.

I support the general principle of the Bill, particularly the transferability, additional flexibility, general control regulation and more sensible regime governing pensions. I am sure the Minister has also given some thought to how we will meet the increased costs associated with the significant increase in the number of people who will become eligible for pensions in the next ten or 20 years. That is probably a matter for the Minister for Finance but I wanted to mention it to the Minister for Social Welfare also.

I thank all the Deputies who contributed to the debate on Second Stage. The Bill reinforces the safeguards already in place for occupational pensions and will make it certain that when individual members of schemes reach retirement age, their pensions will be there for them to ensure their continued prosperity in retirement.

I will comment briefly on a number of the issues raised by Deputies, whom I thank for welcoming the Bill. I agree with them on the importance of pensions.

In the course of his contribution, Deputy Walsh raised the mobility of workers issue. The preservation provisions of the Pensions Act, 1990 ensure that those who move from job to job will have their benefits preserved in each job until pension age.

On the issue of the ageing of the population, referred to by Deputy Brennan, the House should be aware that on a number of occasions I have drawn attention to the demographic patterns which, as Deputies said, indicate a considerable increase in the proportion of elderly people in the population in the first half of the next century. This will have a significant impact on the future costs of social welfare pensions which are set to increase by some 100 per cent by the year 2035. At the same time, the ratio of persons in the economically active age group to those over age 65 is projected to fall. This would result, in the absence of any policy change, in an increasing burden of the cost of pensions falling on future generations of PRSI contributors and taxpayers. These are important factors in any consideration of the development of future pension arrangements and the Social Insurance Fund and require us to consider the capacity of the present financing arrangements to meet these emerging costs.

The pensions industry is also placing considerable emphasis on this issue. One aspect which needs to be examined further in this regard is the effect of long-term growth in the economy. If this is maintained it should increase the resources available to pay for pensions in the future although, as the House will appreciate, there will be many competing claims for any resources freed up as a result of this growth.

The final report of the National Pensions Board, Developing the National Pension System, raised and considered these issues. This report is being considered in my Department and it is intended to bring forward proposals based on the recommendations of the report in the context of next year's budget. In this context, a major survey of occupational pensions schemes, recommended by the National Pensions Board, has been commissioned jointly by the Department of Social Welfare and the Pensions Board. That report will be available in the middle of this year. The last major survey was carried out in 1985 and the results of this new survey will give essential up to date information on occupational cover which will be of considerable assistance when proposals on pensions are being formulated.

Deputy Walsh also alluded to the issue of equal treatment. As I stated in my contribution, clarification of a number of European Court cases and directives on equal treatment as regards pensions are being considered and the outcome of these may necessitate further changes in our pensions legislation. These matters will be considered by the Department in conjunction with the Pensions Board in due course and, if necessary, amendments will be made through a further pensions amendment Bill.

A number of Deputies referred to the wording of section 34 which reads "or is being contemplated" regarding compulsory and voluntary reporting to the Pensions Board. The intent of this wording is to cover the future — in effect, to shut the stable doors before the horse has bolted. I am aware there is some concern in the pensions industry about this wording and the position is being reviewed in consultation with the Attorney General's office and the Pensions Board. The bottom line, however, is that the future has to be covered in this section and, bearing that in mind, I will seek to find a suitable form of words to achieve this.

Deputy Woods referred to section 36 which relates to the replacement of a chairperson and is simply to remove a problem that might arise. If a chairperson resigned or died while in office, there is not any mechanism in the legislation for his or her replacement. I want to reassure Deputy Woods with regard to the new board members that the basic principle underlying the appointment of all members to the Pensions Board is that all of these people will represent and protect the interests of pension scheme members. The mechanism for providing two new members to specifically cover trustee issues is via nominations by the Irish Congress of Trade Unions and IBEC. This is the best manner in which to provide trustee representation on the board.

Deputy Connaughton referred to the necessity for a pensions ombudsman. Other Deputies also raised the issue of information, which is important. The question of an ombudsman is one of the issues facing the new Pensions Board over its term of office and is one of the areas on which it will be asked to report. On the issue of information generally, under the disclosure provisions of the Pensions Act, 1990 information must be made available to pension scheme members via both the annual report of the scheme and requests to the trustees of the scheme. There may be a lack of knowledge among individual members about where to get information and that will need to be addressed. In this regard, the Pensions Board has set up a subcommittee on information and one of the areas it will address is how to disseminate information so that members will be aware of what information is available to them and how to get access to it.

Deputy Brennan raised the question of Telecom Éireann and the modified PRSI rates. I do not propose to go into that issue in detail because it does not relate specifically to the Bill. I dealt with the matter on the Social Welfare Bill and my response to the queries the Deputy again raised this morning is on the record. Because the Deputy has again asked questions I should say that the steps we took in relation to maintaining the modified rate of PRSI for workers in Telecom Éireann covered by the 1993 legislation were fully assessed by the Attorney General. What we have done is regarded by him as constitutional and in line with EU requirements. It would be grossly improper of me as a Minister or the Government of the day to introduce matters which would be considered otherwise. The Deputy can be assured that what we have done is not unconstitutional or in breach of EU requirements.

My understanding is that the workers concerned — those who were employees in 1983 when the modified status was maintained when Telecom Éireann and An Post became State companies and were removed from the direct control of the Department of Posts and Telegraphs — have guaranteed status as employees and are concerned to maintain that status. I understand they would view seriously any move from the status they have at this time as covered by the 1983 legislation. The Government and I are satisfied on the basis of advice from the Attorney General that everything is in order. The modified rate of PRSI does not cover old age pensions, it covers orphans, widows and occupational injuries of a limited kind. Old age pensions are covered by way of State guaranteed pensions.

A number of Deputies, particularly Deputy Quill, raised the question of the taxation limits and increased pension fund investments. In relation to the 15 per cent limit and the general tax limits for pensions this is primarily a matter for my colleague, the Minister for Finance, and the comments will be forwarded to him for his consideration.

Regarding increased pension fund investment in the Irish economy, as Deputies are aware the Minister for Finance announced a joint study to be undertaken in conjunction with the Irish Association of Pension Funds and the Irish Association of Investment Managers aimed at identifying commercially viable opportunities in the domestic economy for the Irish pensions sector in the context of increasing the overall level of pension fund investment in the Irish economy. The study should be completed by mid-year. However, I take issue with Deputy Quill when she says there is a lack of investment opportunities in Ireland. The Deputy is confusing the opportunity for high return, risk-free investments and that of normal risky investments, which may or may not give a return.

This Government sees itself as the guardian of public assets. We want assets to grow and add value and to expand abroad, using the wealth of Government talent. The Government is committed to building up State companies, making them more competitive to serve the needs of consumers and adding value. Already Aer Lingus has made a dramatic recovery, turning losses of £129 million in the last period to profits of £17 million in 1995. This was after a pay-out of £3.3 million in shares to its workers who played such a crucial role in turning the company around.

Privatisation does not add one job to the economy. It does not add one pound in value added. What Ireland needs is more entrepreneurs to invest money in new enterprises. The transfer of ownership is not enterprise. If the Irish Stock Exchange has not enough quoted companies, as indicated by Deputy Quill, this is also a factor of the nature of Irish private enterprise, which is too private and not enterprising enough. Some of the largest companies operating in Ireland are private.

The Deputy should recognise that a high proportion of investment in private and public companies comes from the State by way of grants and tax breaks. It amounts to hundreds of millions of pounds each year and the State does not get a financial return. We invest in these companies for the jobs and the value added. This State investment lessens the risk considerably.

Pension funds should look to new risk ventures which create value and jobs in Ireland. Transferring the ownership of State assets to privatisation would be the lazy way out.

Deputy Wallace and others raised the question of self-employed who were over the age of 56 in 1988. I do not intend to deal with that matter in any detail. It is a social welfare pensions matter and not an occupational pensions matter. However, I would point out, as I did at length on the Social Welfare Bill, that this issue of people being over the age of 56 in 1988 when they were obliged to enter the social welfare system was known in 1988 and it is wrong for Deputies opposite to imply that this has suddenly become an issue. It was an issue in 1988 when the scheme was introduced as I recall when we debated it in the Dáil. It was decided by the then Minister that despite the fact that, in some cases, a person would not have the ten years' contributions required in 1988 they would still be obliged to contribute. In those cases where a person did not have any contributions prior to 1988 and where they did not qualify for a contributory or a non-contributory pension, the contributions they had made to the fund would be refunded to them and that money would be indexed so that there would be no loss to the person concerned in terms of the investments they had made. I am examining the issue as indicated during the debate on the Social Welfare Bill. Whatever I do in that area — I intend to bring forward amendments of various kinds in the pensions area — it is essential that we maintain the requirement that there must be a minimum of ten years' contributions to qualify for a pension. If we were to breach that requirement it would have serious funding problems for our social welfare pensions system. The matter is not closed but I am making the point that, as far as I am concerned, there will be a requirement for a ten year contribution period to qualify for a pension. How we might assist those who are not likely to have the ten year contribution at the age of 66 has yet to be addressed.

Deputy Walsh hoped there would be sufficient time to debate this Bill. I reassure him there will be sufficient time. The Bill was published in mid-December with the specific intention of allowing Members, those in the pensions industry generally and all contributors to and beneficiaries of occupational pensions schemes sufficient time to examine its provisions. I realise it is a technical Bill and we need time to see how it may impact. As Deputy Walsh indicated, it is all the more important to allow a reasonable time scale as the Bill is technical. In this regard I assure the House there is ongoing discussion with the Pensions Board on this Bill. In addition, the Department is currently meeting all those who have made representations on the Bill. This Bill will significantly help to further safeguard the pensions of individual members of pension schemes. I, therefore, commend it to Deputies and ask them to support it.

Question put and agreed to.
Barr
Roinn