Dáil Éireann díospóireacht -
Tuesday, 23 Jun 1998

Vol. 492 No. 7

Written Answers. - Labour Court Services.

Noel Ahern

Ceist:

121 Mr. N. Ahern asked the Tánaiste and Minister for Enterprise, Trade and Employment if changes will be made in the ability of the Lab our Court to examine dispute cases for those on occupational pensions in view of the passing of the employment equality legislation; her views on whether the provision could be deemed ageist; if the industrial relations legislation should be alt ered since senior Labour Court officials have access to arbitration for themselves under section 5 (4) of the Industrial Relations Act, 1969, but this does not extend to pensioners of other bod ies; and if she will make a statement on the mat ter. [15267/98]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

As I pointed out in my reply to a similar question by the Deputy on 13 May 1998 access to the services of the Lab our Court is determined by the definitions of "worker" in the Industrial Relations Act, 1990, and of "trade dispute" in the Industrial Relations Act, 1946. On the basis of legal advice available to my Department, a pensioner is no longer a "worker" for the purpose of the Industrial Relations Acts and a dispute about pensions is not considered to be a "trade dispute" after a person retires. The Labour Court, accordingly, cannot deal with disputes about pensions in the case of retired people.

As regards the Employment Equality Act, 1998, issues concerning pension rights are excluded from the scope of that Act. Section 5(4) of the Industrial Relations Act, 1969, provides, in relation to a pension scheme for the chairman, deputy chairmen, and ordinary members of the Labour Court, that any dispute about the amount of pension, gratuity or allowance payable under that scheme shall be submitted to the Minister for Enterprise, Trade and Employment, who shall refer it to the Minister for Finance. The decision of the Minister for Finance on a dispute is final. This is not third party arbitration as, in the first instance, the consent of the Minister for Finance for the establishment of such a scheme is required.

As I pointed out in the earlier reply the Pen sions Act, 1990, as amended, contains provisions for the proper administration of occupational pension schemes and the protection of the rights of members of such schemes. If a member of a scheme is concerned that the trustees of that scheme have not complied with a provision of the Pensions Act, he-she may complain to the Pen sions Board. The board has extensive powers of investigation and other powers under the Act. The Act provides for penalties where a person is found not to have carried out his-her duties under the Act.

The Minister for Social, Community and Family Affairs has asked the Pensions Board during their current term of office, to examine the issue of a pensions Ombudsman and the form that such an office might take. The board is expected to report before the end of this year. The matter will then be considered by the Minister for Social, Community and Family Affairs. It is generally considered more appro priate that arrangements for adjudication in disputes about pension entitlements should be dealt with under pensions legislation other than industrial relations legislation.