Amendments Nos. 1 to 6, inclusive, from the Seanad are cognate and may be discussed together.
Industrial Development (Forfás Dissolution) Bill 2013: From the Seanad
The Dáil went into Committee to consider amendments from the Seanad.
Seanad amendment No. 1:
Section 6: In page 8, lines 8 to 10, to delete all words from and including "be" in line 8 down to and including "subject" in line 10 and substitute the following:
"be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject".
I am pleased to seek the acceptance by the Dáil of the six amendments to this Bill that were made by the Seanad. If they are accepted, provision will be made for the staff of Forfás to transfer to various bodies under certain terms and conditions of service, including terms and conditions relating to remuneration, that are no less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, that are currently enjoyed by the staff in question. Forfás is the legal employer not only of the staff working directly in Forfás, but also of all staff in Enterprise Ireland, IDA Ireland and Science Foundation Ireland and some staff in the National Standards Authority of Ireland, all of whom are seconded to or working under the direction of the various agencies. The Bill before the House provides for the staff of Forfás to become direct employees of their respective agencies and for the transfer of staff working in Forfás to the Department of Jobs, Enterprise and Innovation or the Health and Safety Authority.
The Bill previously provided for staff to transfer under terms and conditions of service relating to remuneration. Forfás staff and their representative bodies expressed concern that this provision represented a dilution of terms and conditions under existing industrial development legislation, which provided for staff to transfer under existing terms and conditions including remuneration. Staff representatives asked for the provisions which were recently enacted in respect of staff transferring to Irish Water in the Water Services (No. 2) Act 2013 to be used in the Forfás Bill. Following discussions between officials from the Departments of Jobs, Enterprise and Innovation and Public Expenditure and Reform and trade union representatives, it was agreed to amend the language used in this Bill to provide for staff to transfer under existing "terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable". This agreement was subject to the putting in place of a protocol between the relevant bodies that specifies the non-pay and pension terms and conditions of employment that apply in respect of Forfás staff redeploying to other State organisations. The purpose of this protocol is to identify non-pay terms and conditions of service and ensure they are in line with existing public service norms. A draft protocol agreement has been agreed in principle between management and union representatives. Accordingly, we are happy to broaden the language used in the Bill to provide for staff to transfer under existing "terms and conditions of service, including terms and conditions relating to remuneration".
The sections of the Industrial Development (Forfás Dissolution) Bill 2013 that need to be amended in this way are section 6(2), which relates to staff transferring to Enterprise Ireland, section 9(2), which relates to staff transferring to IDA Ireland, section 12(2), which relates to staff transferring to Science Foundation Ireland, section 14(2), which relates to staff transferring to the National Standards Authority of Ireland, section 24(2), which relates to staff transferring to the Department of Jobs, Enterprise and Innovation, and section 31, which relates to staff transferring to the Health and Safety Authority. The revised wording of the sections in question will read:
Save in accordance with a collective agreement negotiated with a recognised trade union or staff association approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section.
I welcome the Minister of State's clarification. Can he clarify that the changes proposed will make no difference to people's superannuation and pension arrangements? Will their pension conditions continue to be the same as they move from Forfás to the various agencies?
Yes, they will.
Seanad amendment agreed to.
Debate adjourned.