SEANAD ÉIREANN AN BILLE UM BEARTA AIRGEADAIS ÉIGEANDÁLA AR MHAITHE LE LEAS AN PHOBAIL 2009 FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST BILL 2009 LEASUITHE COISTE COMMITTEE AMENDMENTS [No. 5a of 2009] [27 February, 2009] [Printers Reference] SEANAD ÉIREANN AN BILLE UM BEARTA AIRGEADAIS ÉIGEANDÁLA AR MHAITHE LE LEAS AN PHOBAIL 2009 —AN COISTE FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST BILL 2009 —COMMITTEE STAGE Leasuithe Amendments SECTION 1 1. In page 4, before section 1, to insert the following new section: “Duration. 1.—(1) This Act shall expire on the day that is 2 years from the date of its passing unless renewed by resolution of both Houses of the Oireachtas. (2) Any such renewal shall be expressed to be for a period not exceeding 2 years.”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly 2. In page 4, line 32, to delete “as amended by” and substitute “inserted by”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly. 3. In page 6, line 11, after “servant” to insert “and excludes non-pensionable payments”. —Senator Liam Twomey. SECTION 2 4. In page 6, before section 2, to insert the following new section: “Application to 2.—The payment of any pension levy which accrues as a consequence of this Act State Services. shall not be included in any financial assessment of means for the purposes of eligibility for any state service.”. —Senator Liam Twomey. 5. In page 6, between lines 26 and 27, to insert the following subsection: “(3) No deduction shall be made under this section in respect of a person whose remuneration is below €18,000 per year.”. — Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly. 6. In page 7, between lines 6 and 7, to insert the following subsection: “(4) Where a person’s remuneration does not exceed €18,304, the amount shall be reduced by 50 per cent.”. —Senator Liam Twomey. [No. 5a of 2009] [27 February, 2009] [ SECTION 2 ] 7. In page 7, between lines 15 and 16, to insert the following subsection: “(6) Notwithstanding the foregoing provisions of this section, payments which are not reckonable for pension purposes are not to be liable for pension levy deductions under this section.”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly . SECTION 3 8. In page 7, before section 3, to insert the following new section: “Emergency 3.—Funds received from the deduction under section 2 shall be paid into a fund National Pension under this section, to be known as the Emergency National Pension Levy Fund Levy Fund. (separate from the National Pension Reserve Fund), the principal purpose of which is to pre-fund public service pensions.”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly. SECTION 9 9. In page 10, subsection (4), line 14, after “appropriate” to insert the following: “with a view to promoting the opportunity for agreement where with any body which in the opinion of the Minister for Health and Children is representative of the health professionals concerned, in relation to the terms of the regulation to be made under subsection (1)”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly. 10. In page 10, between lines 14 and 15, to insert the following subsection: “(5) Where following the conclusion of consultations provided for in subsection (4), the Minister for Health and Children proposes to make a Regulation pursuant to subsection (1), he or she shall publish that Regulation in draft form and shall, prior to the making of that Regulation, provide a reasonable opportunity for comment and submission on such draft regulation.”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly. 11. In page 10, between lines 36 and 37, to insert the following subsection: “(6) Prior to exercising the powers contained in subsection (1), the Minister for Health and Children shall give consideration to whether an appropriate opportunity for consultations with any body which in the opinion of the Minister for Health and Children is representative of the health professionals concerned to agree on the amounts or rates to be set.”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly. 12. In page 10, subsection (7), line 45, after “consultations” to insert the following: “or such longer period as the Minister for Health and Children may prescribe”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Dominic Hannigan, Alan Kelly. 2 [ SECTION 12 ] SECTION 12 13. In page 13, subsection (3), lines 14 to 18, to delete all words from and including “subsection” in line 14 down to and including “concerned.” in line 18 and substitute the following: “subsection (1) a tax credit equivalent to the interest charged shall accumulate.”. —Senator Liam Twomey. 14. In page 13, lines 22 to 27, to delete subsection (5) and substitute the following: “(5) An order under this section shall be approved by each house of the Oireachtas as soon as may be after it is made.”. —Senator Liam Twomey. SECTION 13. 15. In page 13, before section 13, to insert the following new section: “13.—This Act, and any regulations made pursuant to this Act, shall stand revoked on 31 December 2012, or on such earlier date as prescribed by a resolution of both Houses of the Oireachtas.”. —Senator Liam Twomey. 3 .