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Dáil
‹ Questions on Promised Legislation

Defined benefit pension legislation

Summary

Deputy Micheál Martin presses the Government to close the alleged loophole allowing solvent companies to abandon defined benefit pension obligations. The Taoiseach says the advice is that any legislation could not be retrospective and insists it is not a loophole, while acknowledging some schemes face serious difficulties.

I wish to raise an issue Deputy O'Dea has also raised. It concerns the Government's plans to introduce legislation to close the loophole whereby solvent companies are walking away from their responsibilities and obligations in terms of defined benefit pension schemes. There are over 600,000 workers currently in defined benefit pension schemes. I refer to workers, pensioners and deferred pensioners. We have had a recent illustration of this issue in Independent News & Media in that workers have essentially had their pensions wiped out or significantly reduced, with no recourse to anybody. In other jurisdictions, particularly the United Kingdom, there are legislative provisions to stop this. I refer, in particular, to companies that are solvent and do not need to do what I describe. I would appreciate it if the Taoiseach could indicate whether the Government has any plans in this regard or will press ahead with pension legislation, which has been long promised but not delivered upon.

Comment on this
Enda Kenny The Taoiseach Fine Gael

As the Deputy is aware, the Minister has met the Attorney General in respect of the chairman of the Pensions Authority. It is not a loophole. Were legislation to be introduced, it could not be made retrospective. That is the advice we have received. In that context, it is not an issue. The Minister has sought advice from the Attorney General on whether he might be able to do something on this issue in the public interest, but it is not a case of introducing legislation and making it retrospective to cover these difficulties.

Comment on this

There are more coming down the tracks.

Comment on this
Enda Kenny The Taoiseach Fine Gael

It is not a loophole.

Comment on this
Enda Kenny The Taoiseach Fine Gael

Obviously, the recommendations being made by the defined benefit scheme companies show that 60% are in order, while the others have plans to rectify the position. Obviously, in some cases it is a serious challenge.

Comment on this