FEMPI legislation and two-tier pay
Opposition Deputies demand a debate and vote on renewing FEMPI legislation, condemning pay and pension cuts and lower rates for post-2011 public-service entrants. The Government defends an orderly, negotiated unwinding under the Lansdowne Road agreement and says a public-service commission will examine entrant pay. After prolonged disorder, the Ceann Comhairle says Business Committee time will be made available for a debate, but cannot defer the legislation or guarantee its timing.
We are keen to add our voice to points raised on the need for a far more urgent approach and urgent action in respect of the case of Ibrahim Halawa.
The main issue that I wish to raise is the issue of the renewal of the financial emergency legislation. It is somewhat strange that financial emergency legislation is being renewed at a time when there is no financial emergency in the State. This legislation underpins pay and pension cuts for hundreds of thousands of public service workers.
It is also legislation that underpins the two-tier wage rates, with lower rates of pay for new entrants into the public service, which is widely seen in society as-----
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I do. I have a number of questions.
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I was about to make the point that the two-tier wage scheme is widely seen as a scandal and discrimination against young people.
The business committee discussed the possibility of a debate in the House on this. Do we have any information on if and when a debate is to be scheduled on the matter? How can the Government justify emergency legislation at a time when the Government and the Fine Gael Party has been talking up the economic recovery with election slogans such as "Keep the Recovery Going"?
Does the Minister not feel that a serious issue is looming for the Government here? It could not face down the water charge protests and it was not strong enough to face down the bin charge protests. I have a copy of the Financial Emergency Measures in the Public Interest, FEMPI, legislation. What makes the Minister think the Government will be strong enough to face down organised workers, organised trade unionists, sections of the organised working class movement in this country-----
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-----when so many people feel this legislation should be ripped up and put in the bin?
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The Government is penalising young people-----
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-----with new entrant rates of pay-----
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-----which mean that young teachers will lose up to €250,000 in the course of a working career.
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The Government is penalising young people-----
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-----who are working alongside older colleagues who started work before this legislation came in. They are doing the same work in the same workplace.
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They are doing the same work-----
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-----in the same workplace-----
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-----yet one group of workers is being paid less.
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It is total discrimination in that regard.
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Does the Minister not accept that it is totally discriminatory against young people?
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My final question a Cheann Comhairle-----
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In a sneaky way this legislation is to be placed in the Library and that is considered sufficient that it is passed by the House without having had an opportunity to debate the matter. Does the Minister not agree that it is totally undemocratic?
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They are out of order for not bringing this to debate in the House.
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It is vital that we debate it.
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I understand Deputy Barry is a member of the business committee and so he ought to know what is being transacted there. Negotiations under the Lansdowne Road agreement have been pursued by the Government. The majority of public service trade unions and public service workers have signed up to that agreement, which allows-----
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And those who did not are to be penalised by this legislation.
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-----for the orderly restoration of pay under the FEMPI arrangements.
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They have a right, as trade unionists, to refuse it.
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As I indicated, that agreement will provide for €884 million of-----
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Sorry, Minister. Deputy Bríd Smith is not in order. This is not a television studio. I ask her to restrain herself.
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This is a very serious issue.
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I will restrain myself, but this is what I think of the Bill and so do tens of thousands of workers.
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It is disgraceful and Government Deputies are sitting over there giggling about it.
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They are disgraceful.
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In addition, the Minister for Public Expenditure and Reform has indicated that the Government supports the orderly and negotiated unwinding of the FEMPI agreement to end that. However, it will be done in an orderly way-----
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The Government bailed out in an orderly way.
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-----and the first item will be a public service commission which will look specifically at the issue Deputy Barry raised, namely, the difference in entrants' pay affecting those who were restricted in recent years.
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The Government is leaving them for three years.
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There is an orderly process here that allows the Government to manage our affairs in a way that allows us to invest in badly needed public services, which was a major issue in the recent general election campaign.
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Why are we not debating it?
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Young teachers cannot pay their rent.
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Surely the Minister is not telling us that the Government will extend this emergency legislation - this draconian, anti-trade union legislation - that introduced swingeing cuts to pay, pensions and conditions of employment of public servants without a debate in this House.
I thought we were supposed to have new politics in this Chamber. This is old politics. This is the Government bulldozing through legislation without any opportunity to discuss or vote on it.
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We are entitled to debate and vote on this legislation today.
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I want to raise it also.
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There was a discussion about this issue at the Business Committee and there was a demand for a debate. It should not be presented as something other than this. There continues to be a demand for a debate on the issue. It is not something the Government - a minority Government - can present as a fait accompli. At the very least, we need to debate the issue.
I add that the treatment of Ibrahim Halawa has been outrageous, rather than merely "disappointing" as the Minister suggested earlier. In that context, we endorse the points made about trade and the need to bring the Australian experience to bear.
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Diplomacy is not working.
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On the same issue-----
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We want an answer from the Minister.
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Will the Deputy let him answer?
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Are we going to have a debate on this issue?
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The Minister is ready to answer.
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This is totally anti-democratic. It is outrageous that this draconian legislation is being pushed through without a debate.
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It is not your fault, a Cheann Comhairle.
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We do not want to disrupt proceedings, but it is not on. We want a commitment from the Government that there will be a debate on this issue before the legislation is pushed through.
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They are like children.
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With respect, I signalled very early on-----
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-----in order that I would have an opportunity to come in on the issue. Five Members who did not signal were allowed to come in on it.
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I am sorry, but with respect-----
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We have no other way to register our protest, a Cheann Comhairle.
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The Deputies opposite need to sort it out among themselves.
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How do we get to discuss the issue?
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We have no other way to do it.
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We represent public sector workers.
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We either have an orderly and fair way of asking questions or we do not.
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I am afraid that I will have to suspend the sitting if the Deputy does not resume his seat.
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With respect, I signalled before many of those who came in on the issue.
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We need a debate today.
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We are entitled to one on the issue.
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I ask the Ceann Comhairle to listen to what I am saying.
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We cannot let this go.
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I bring to the attention of Members that when the business committee met on Wednesday last, the FEMPI issue was discussed and it was a very important issue raised on the floor. It was decided that time would be made available for a debate in the Chamber on it. It was further indicated that the Dáil would sit on Friday next and on the following Friday, and that, if necessary, on either or both of those days, time would be provided for a debate on the FEMPI legislation. There was no disagreement with that proposal and both of the parties that have been raising concerns today were represented - very well represented - at that meeting.
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Three parties raised concerns, as did one individual.
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I am sorry. The individual was not represented but that was the situation at the business committee-----
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With respect, a Cheann Comhairle, that was not the point I raised. My point was that I signalled very early on to come in on that issue, and six or seven Deputies who had signalled afterwards had the opportunity to come in but I did not. The Minister did not answer the question on those who were outside the Lansdowne Road agreement and what will happen to them subsequently.
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If what is being said is that a debate is now definitely being scheduled, as opposed to the possibility of a debate being scheduled, that is a step forward. However, the point here is not about the idea of having a token debate, after the fact, on the issue of the financial emergency legislation, which will penalise workers and especially young workers. The key point - we want to register this point and we will leave it at that - is that it is outrageous that the Government has the power to put through this legislation without a vote in the House. That is very wrong.
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The House agreed two years ago to pass the legislation.
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If we do not have the power to oppose it strongly in the House, I have no doubt trade unionists will oppose it very strongly, on the picket lines if needs be.
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To clarify, is the Ceann Comhairle telling us that the Government is prepared to defer the renewal of this legislation until after the debate in the House?
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Then what are you telling us? A debate in a week's time or a fortnight's time is of very little value if the legislation is already extended, if young teachers, gardaí and nurses cannot even pay for their rental accommodation-----
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-----and if we still have a two-tier pay structure in those professions.
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Young people are going to lose hundreds of thousands of euro across their years of service. Can we have clarification that the Government is prepared to defer the renewal of the legislation until after the debate?
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To be helpful, there are two separate issues. The unwinding of the FEMPI legislation and a debate on it is one issue, but the issue of those who came into the public service post-2011-----
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No, sorry, you do not understand them, with respect, because-----
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Sorry, you do not. If you leave me make my point. This was not as a consequence of FEMPI. It was introduced in 2010 outside of FEMPI-----
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-----because it did not require emergency legislation. We need to have a debate on both of these issues-----
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-----FEMPI and those who came into the system in 2011.
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That matter can be raised by Deputy Cullinane's very competent representative at the Business Committee when it meets next week. It is the Business Committee and not the Government that will fix the business.
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The Government is pushing it through.
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My understanding is that under the FEMPI Acts the Minister is obliged to review the FEMPI legislation and provide a report, which he is required to lay before the Houses of the Oireachtas, as to whether it is his opinion that the measures in the Act are still required. He has conducted this review and has laid the report before the House in accordance with the legislation.
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So that is it.
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So the Government will cut teachers' pay with no debate in the Dáil.
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There will be no vote.
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It is completely undemocratic.
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Even the Irish Congress of Trade Unions-----
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If the Minister showed some respect for low paid public sector workers.
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If the Government showed some respect for the Dáil.