Niamh Smyth
Cavan-Monaghan · Fianna Fáil · Ireland
“I thank Senator Higgins for speaking to this amendment and Senator Stephenson for putting it forward. I fully agree on the importance of co-operation and co-ordination between competent authorities in the implementation and enforcement of the AI Act.”
“63 would reduce the current period of 14 working days to a period of no more than seven days. The purpose of section 49 is to balance regulatory intervention with fair procedures.”
“I am going to take time after this debate to look at the Instagram account the Deputy raised today to see for myself. I do not disbelieve the Deputy. It upsets me so much to see that is allowed. Where is the monitoring of it?”
“These are: prohibited practices under Article 5; serious incidents reported under Article 73; high-risk AI systems referred to in annexe III in accordance with Article 49(5); and any other AI-related incidents or notifications required to be reported under the regulation.”
“The Government will continue to benefit from the expertise of the office in the deployment and implementation of AI-related policy and regulation.”
“I know that when you go to public meetings like those in question, there are tough stories from parents and you may feel a little inadequate sometimes in being able to deal with these things as quickly as possible. I am glad the Deputies used their time here today to make the presentation and to campaign for the parents.”
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“However, I am this evening proposing a timing amendment as I believe that many of the matters raised in this Bill would be better addressed as part of an ongoing review of the existing 2006 wind energy development guidelines and our intention is to publish a national planning statement on wind energy as part of that process. I am concerned that key provisions set out in the Bill are inconsistent with the State’s energy security objectives, climate obligations and the commitment in the programme for Government to accelerate the delivery of renewable electricity. First, it is necessary to set out the wider context of the issue, which many Deputies here will be more than aware of.”
“I move amendment No. 1: To delete all words after "That" and substitute the following: "Dáil Éireann resolves that the Wind Turbine Regulation Bill 2025 be deemed to be read a second time this day twelve months, to allow for further consideration of the Bill.". This is to allow for sufficient time for full consideration of the Bill and for the development of Government proposals before the end of 2026, specifically the finalisation of the national planning statement on wind energy. I thank Deputy Stanley for bringing forward this Private Members’ Bill regarding the regulation of wind turbines. He spoke with passion and a real depth of understanding of the topic itself. This Bill is no doubt well intended and aims to regulate wind energy development by addressing a number of key issues.”
“I will not commit to it being resolved by Christmas but as we all work and strive towards a united Ireland, this is a very pragmatic request and we should take a very pragmatic approach to it. As I said, I will certainly reflect the views of the Deputies, the particular instances they have outlined today and the facts they have to back them up regarding the small numbers in question that we have to address. Going back to Deputy Kenny's point, we need to look at this broadly in terms of social protection. There are probably a number of payments that are affecting a very small number of people. As we work towards that united Ireland, we should certainly look at this in a pragmatic way.”
“As I said, my understanding is that the Minister is open to providing a way to give that allowance and to seeking a resolution to this. I will reflect the case study the Deputy has presented here and ask the Minister to consider it further.”
“Where a carer resides in Northern Ireland, they cannot qualify for the carer’s allowance because they do not meet that particular condition or tick that box. Carers residing in the North of Ireland may be eligible for the non-means-tested carer’s allowance payment but in the particular case Deputy Kenny quite rightly mentioned, the carer has already exceeded that. This scheme is payable to carers over 16 who are providing full-time care of at least 35 hours per week to someone who is in need of care and is in receipt of a specified payment. To answer the Deputy's question as directly as I can, he has referred to a very specific case. Deputy O'Reilly has a given very low number in terms of the number of people it affects.”
“It is a means-tested social assistance payment for people on low incomes who are providing full-time care to someone who requires ongoing support due to age, disability or illness. The person being cared for must require full-time care and attention. As part of budget 2026, we are increasing the income disregard for a single person to €1,000 per week and for a couple to €2,000 per week. These are the largest ever increases to the carer’s allowance income disregard and will mean that even households with relatively high incomes will qualify for a carer’s payment for the first time. Like all social assistance schemes provided by the Department of Social Protection, carer’s allowance is subject to a habitual residency requirement, which requires the carer to have habitual residence in the Irish State.”
“The Government acknowledges the vital role that family carers play in Irish society - that goes without saying - and remains fully committed to supporting them in the role they do. This commitment is reflected both in the programme for Government and in the recent budget, and the Department of Social Protection provides a comprehensive range of income supports for family carers. In 2026, spending on these supports is expected to exceed €2.2 billion, with almost 104,000 carers currently receiving carer's allowance payment. Carer’s allowance is the main scheme through which the Department provides income support to carers in the community. There is no money that would pay them enough for the work that they do. It is so valuable. The allowance only acknowledges, in some small way, how valued they are.”
“I thank the Deputies. I am delighted, as Deputies Kenny and O'Reilly are, that when we live in a Border county like Monaghan and Cavan, we can cross over the jurisdiction. That invisible crossing happens many times. A person could be living 1 mile up the road and be in a different jurisdiction. Deputy Kenny was quite right when he said carers are never going to be living a million miles away from the person they are caring for. I would imagine it could be easily managed. I take the point. I understand the Minister, Deputy Calleary, is very familiar with this and is open and compassionate about the issue. He will certainly be open to trying to resolve this. I thank both Deputies for raising this important issue.”
“As I said, I will certainly bring the Deputy's views to the Minister. As Deputy Lahart quite rightly said, the Minister issued a letter on 19 November to the NTA and we await its response. He also met this morning with the advisory committee on SPSVs, whose role is to provide advice to the Minister and the NTA in relation to issues relevant to SPSVs and their drivers, where the matter was discussed. I have no doubt that meeting will have given the Minister cause for concern and perhaps fuller engagement on the issue is needed to see if it can be resolved.”
“SPSV operators are self-employed and may decide whether to sign up with a licensed dispatch operator such as Uber. They are not obliged to be affiliated with any dispatch operator but, where they choose to do so, taxi drivers are free to contract with a dispatch operator of their choice. Unfortunately, neither the Minister nor the NTA is a party to the commercial or contractual arrangements between SPSV drivers and their dispatch operators. Accordingly, the Department and the NTA have no role in the approval of such matters.”
“This came into operation on 1 December 2024 and ensures that taxi fares continue to reflect the rising costs associated with operating a taxi in Ireland. This increase includes a special rate for the weekend peak from 12 midnight to 4 a.m. on Friday night into Saturday morning and Saturday night into Sunday morning, year round, to incentivise more drivers to service the night-time economy. This followed on from the 2022 order in which a 12% increase on fares was introduced. As set out in the legislation, charging more than this maximum fare can lead to a prosecution. However, charging below the maximum fare is permitted. The Minister understands that the Uber fixed price offer does not breach the maximum fare regulatory provisions for taxis or constitute an offence associated with the misuse of taxi meters.”
“The current maximum fares order took effect in December 2024 and a maximum fare review is carried out approximately every two years. The NTA has conducted these reviews since 2011. Hackneys and limousines agree their fares in advance and do not use a meter. The NTA's most recent fare review was undertaken between November 2023 and March 2024. During this review, the NTA took account of the most significant economic issues that were relevant to the SPSV sector, which included inflation, the cost of living, fuel prices, energy supply, geopolitical uncertainty and increased public transport availability. Following this review and a public consultation on the matter, the NTA introduced the Taxi Regulation (Maximum Fares) Order 2024, which increased taxi fares by an average of 9%.”
“Usually, when booking a taxi with Uber or other dispatch operators a price range of the approximate cost of the journey is shown, but the Minister understands that with the Uber taxi fixed price option, the customer is now provided with a maximum guaranteed price upfront. If the final price on the taxi meter is less than the initial maximum price provided, users pay the lower price on the meter. If the final price on the taxi meter is greater than the maximum price, users pay the maximum price. From a legislative perspective, section 24 of the consolidated Taxi Regulation Acts 2013 and 2016 empowers the NTA board to make a maximum fares order fixing the maximum fare that may be charged by the driver of a taxi for any journey.”
“I thank Deputy Lahart for raising this important issue and will certainly reflect his observations to the Minister for Transport. The Deputy will be aware that neither the Minister for Transport nor his Department are involved in the day-to-day operation of the small public service vehicle, SPSV, sector. The National Transport Authority, NTA, the independent transport regulator, has responsibility for setting taxi fares under the provisions of the consolidated Taxi Regulation Acts 2013 and 2016. On 3 November 2025, Uber Ireland introduced a new option on its platform providing its customers with a single maximum price for a trip before requesting a taxi. This option is referred to on the platform as a "tax fixed price”.”
“As part of the recent NDP review, published in July this year, the allocation for the Department has increased to €795 million over the next five years. This increased funding will be used in part to provide additional early learning and childcare places through future capital programmes, including potentially operating a further scheme similar to building blocks to support the expansion of provision by existing operators as well as implementing the commitment to capital investment in State-owned facilities. Once details of the future capital schemes are finalised, the Minister will communicate them with the sector. I will reflect the Deputy's request in finding that multiagency approach to funding projects at the scale he referenced.”
“I appreciate the request for a pathway to be put in place whereby other agencies can contribute to the overall cost. The Deputy can be sure I will reflect that to the Minister. I thank him again for raising this important issue. It is a priority for the Minister and the Government. The programme for Government commits for the first time to providing capital investment to build and purchase State-owned early learning and childcare facilities to create additional capacity in areas where unmet needs exist. State ownership of facilities is a substantial and significant development and offers the potential for much greater scope to influence the nature and volume of provision available and to ensure better alignments with estimated demand. This work will be supported through our capital investment under the revised national development plan.”
“In my limited knowledge on the funding streams that are available to the centres I know in my constituency, the model is that there is a maximum of what the Department can fund towards it. Any of the projects I am aware of they have had to source other funds. In the Border region, we have had the opportunity to source PEACE and local authority funding. There has always been a jigsaw approach to it to have that overall figure that the Deputy referenced. Was it €4 million?”
“This is the situation where these third-party organisations are members of the national family resource centre programme, or an organisation, such as Deansrath Family Resource Centre, which is not a programme member and separately funded. I hope that answers the Deputy's question in some way. It may not be favourable, but it in some way answers it.”
“The programme for Government commits to increasing funding and expanding the capacity and network of family resource centres over the Government's term, given the important role these centres play in local communities. Recent developments in respect of the family resource centre programme include the Department’s securing of additional funding of €800,000 in budget 2025, to allow for an expansion of the programme from 121 members to 126. In this context, we have recently welcomed five new members to the programme. Additionally, neither the Department or Tusla currently have capital funding to support the building of new or refurbishment or extension of existing family resource centres. Tusla does not have a dedicated budget for capital or building works for third-party organisations, such as family resource centres.”
“As announced in the context of budget 2026, €36 million will be available next year for early learning and childcare capital programmes. This will include acquisitions of new buildings through the State-led early learning and childcare programme, investment in expansion of existing early learning and childcare operators through the building blocks scheme and a number of quality initiatives, including supports for childminders. The Department is currently examining options for future building blocks schemes and the Minister expects to announce details of that in early 2026. The family resource centre programme is a community development programme that is financially supported by many State agencies in a partnership approach.”
“I am familiar with the family resource centres the Deputy spoke about in my constituency. They are a valuable gem in any community. They take a holistic approach. They think of every demographic in a family and are a huge resource to have in an area. The building blocks extension grant scheme was launched in late 2024, and successful applicants are working with the Department in delivering their projects. An application for funding under the scheme was received from Deansrath Family Centre and subsequently that application was deemed ineligible on the basis that the proposed project did not fall within the scope of the building blocks construction strand, due to the value of the project being significantly in excess of the allowed maximum.”
“In this regard, as part of the demographic demand analysis, the Department monitors planning and construction activity in the residential sector in the local area. This involves the analysis of data sources from local authorities and the Central Statistics Office, alongside engagement with local authorities and the construction sector. In this way, up-to-date information on significant new residential developments is obtained and factored into the analysis that is conducted by the Department. It is necessary to ensure that school infrastructure planning is keeping pace with those changes at local level in circumstances where it is a consistently evolving picture in the context of planned new residential developments. I appreciate what the Deputy said and will reflect it to the Minster for education.”
“We do not want to see parents under the stress of having uncertainty about whether their children will have places in schools. The Department is aware of enrolment pressures and demand for additional school places in some areas. It is important to note that enrolment pressures can be driven, as I said, by duplication of applications, applications from outside a catchment area and school-of-choice factors. Notwithstanding that, in some areas the demographic pressures and other factors are driving a requirement for additional school places. Major new residential developments - perhaps that is happening in the Deputy's area - have the potential to alter the demand for school places at local level. That can happen quite quickly.”
“I am slightly concerned about the difference between the information the Deputy has and the information the Department has, because the figures do not lie. Enrolments are either increasing or decreasing year on year. I do not for one minute question the Deputy's bona fides regarding the information he has brought to the Dáil today, so I ask him to liaise directly. I will reflect what he said today to the Minister for education because the facts are the facts in terms of enrolments. If the facts show that there is an increase in the enrolment and it is not that there is a duplication of applications going into a lot of local schools, that should certainly make a strong case for the school to get the building - the bricks and mortar - it deserves in order to be able to accommodate students and make sure they have school places.”
“Scoil Mhuire Allenwood is located in the Prosperous-Clane school planning area. The Department's projections of primary school place requirements for that area indicate that enrolments at primary level peaked in 2019 and are decreasing, year on year. Given the general downward direction of overall enrolments in the area, the Department's focus for the assessment of such additional accommodation applications will be to analyse the extent to which enrolments at this school and neighbouring schools are serving the local area in the first instance. This will identify if some of the pressures on local capacity are arising from the enrolment of pupils from outside the local area where there may be other school provision opportunities available to them. That is the information I have been provided with.”
“I am pleased to confirm that the Department approved funding in 2022 to provide three mainstream classrooms, including two replacement classrooms, two special education classrooms and the reconfiguration of four undersized rooms to create two larger mainstream classrooms. This project is currently devolved to the school authority for delivery and approval was given for this ASA project to progress to stage 2b, planning, in November 2024. The Department now awaits a post-planning developed design report from the school for review. The school also received funding in 2022 to purchase a modular classroom to accommodate the 11th mainstream post. In 2024, funding was approved to repurpose a mainstream classroom to accommodate the opening of a special educational needs class, pending delivery of the permanent build project.”
“I thank the Deputy for raising this important issue. It gives me the opportunity to set out for the House the position with regard to school places in Scoil Mhuire Allenwood, County Kildare. The Deputy is aware that Scoil Mhuire Allenwood is a coeducational primary school with a Catholic ethos under the patronage of the Bishop of Kildare and Leighlin. The school had an enrolment in September 2025 of 263 pupils. This represents an increase of 7% in the past five years. I can confirm that Scoil Mhuire Allenwood recently submitted an application for temporary accommodation under my Department's additional school accommodation, ASA, scheme. This application is currently under assessment by the officials in the Department. I know the Deputy wants a concrete answer today, but I can tell him that the application is certainly under consideration.”
“Investment in our heritage sites delivers broad public benefits by enhancing the character and amenity within our towns, villages and landscapes, bringing back into use buildings and other assets which currently lie vacant and closed. On a more human level, I appreciate what the Deputy is saying. I appreciate that he feels the community of Kinvara feels alienated over this particular issue. I will convey the Deputy's thoughts and views to the Minister, Deputy James Browne.”
“I thank the Deputy for raising this important issue. As noted by the Government in its decision of January 2021, the Shannon Airport Group operated Shannon Heritage on a commercial basis, in line with its commercial mandate, meaning that sites were only likely to open on a seasonal basis and where a commercial business case existed. Dunguaire Castle was operated by Clare County Council on a goodwill basis for the summer 2023 season. The group has advised that, given its commercial mandate, it was not feasible to reopen the castle in subsequent seasons. As discussed today, a wider range of supports is available to assist and support local authorities and private owners to discharge their responsibilities in respect of archaeology and building heritage sites.”
“This is a testament to the dedication and hard work of all involved, including local authorities, community groups, private owners, the professional heritage sector and officials in the Department to ensure the ongoing protection, conservation and maintenance of our heritage sites for the continued enjoyment of generations to come. In addition to the conservation schemes described above, local authorities seeking funding should, depending on the exact circumstances of the structures and buildings in question, engage with the urban regeneration and development fund, the rural regeneration and development fund, the LEADER and Thrive programmes, and Údarás na Gaeltachta funding schemes.”
“Such investment benefits communities and the public by future-proofing and safeguarding monuments through the funding of conservation works and repairs, building resilience by protecting monuments from the effects of extreme weather and climate change, in addition to supporting public access to monuments and improvements in the presentation of local monuments. These grants help owners and custodians of archaeological monuments and built heritage assets alike to safeguard them into the future. Over the past number of years, these conservation schemes have allocated in excess of €50 million for works to archaeological monuments, historic buildings and public realm schemes.”
“Where the structures concerned are protected or within a designated architectural conservation area, the built heritage investment scheme and the historic structures fund can provide support for repair and conservation works. The built heritage investment scheme provides grants of between €2,500 and €50,000, while the historic structures fund offers funding of between €50,000 and €200,000 for works on larger scale projects. Where the structure in question is an archaeological monument, the community monuments fund can provide grants of up to €100,000 for conservation works, where eligible. In 2025, the community monuments fund awarded 122 projects a total of €7.5 million in funding. The community monuments fund supports a range of initiatives to conserve, maintain, protect and promote local monuments and historic sites.”
“The National Monuments Service wrote to the CEO of Galway County Council in December 2024, advising that a voted funding stream to facilitate the purchase of heritage sites by local authorities is not available. The National Monuments Service offered to meet with relevant officials from the local authority to explore options that might be available to secure funding to acquire the castle. However, this offer has not yet been availed of. As Members may be aware, the Department funds a range of relevant grant schemes intended to support local authorities and other owners in respect of the repair and conservation of archaeological and built heritage sites.”
“For instance, King John’s Castle was successfully transferred to Limerick City and County Council in April 2022 and the Shannon Heritage business and four sites in County Clare transferred to Clare County Council in May 2023. Dunguaire Castle is now the only remaining site under the ownership of the Shannon Airport Group, and the Minister, Deputy Browne, understands that Galway Country Council has had engagement with the group in relation to a possible transfer of the castle. A funding request was received by the National Monuments Service of the Department of Housing, Local Government and Heritage from Galway County Council in November 2024 in relation to the castle, wherein the local authority sought funding to acquire the castle.”
“I thank the Deputy for his question and the discussion we are going to have on a much-loved and treasured architectural building in his own county of Galway. In 2020, the Shannon Airport Group informed Government that it was necessary to consider a comprehensive readjustment to its structure in order to ensure the long-term future of the Shannon Heritage business. A number of challenges had presented themselves, including a lack of capital investment and the essential expertise required to maintain the heritage sites. As a consequence of these challenges, the Shannon Airport Group engaged extensively with the relevant local authorities on the transfer of its heritage sites.”
“This would arise only in the most serious cases. As a general rule, an award made in favour of an employee should itself have a dissuasive effect. This Bill is a practical, proportionate step forward that respects the interests of employees and workers alike. It will make a real difference to thousands of workers approaching retirement. I commend this Bill to the House.”
“If an employer refuses and the employee challenges the decision, the WRC will examine all relevant factors, including the nature of the work, health and safety considerations and whether the employer's justifications meet the legal standard. Where an employer is found not to comply with the law, the penalties are significant, up to the greater of 104 weeks' pay or €40,000. Ultimately, the WRC will determine whether the employer's justification is proportionate and reasonable and its decision will be binding. This ensures that the process is fair, robust and tailored to the realities of different workplaces. In common with much of employment law, we have provided for offences under this legislation. As Senators will be aware, offences must be accompanied by penalties. This does not mean we expect many employers will ever face prosecution.”
“The sheer range of types of work and occupations means it is not practical to supply a comprehensive list - a point that was raised earlier - of jurisdictions for enforcing a retirement age. The law sets a high threshold for any refusal and in each case must be assessed individually. Employers may only enforce a contractual retirement age below the pensionable age where they can objectively and reasonably justify the decision by referencing a legitimate aim and where the means of achieving that aim are appropriate and necessary. This is not a general test; it requires an individual assessment of the type of work involved and the employee's continued ability to carry out that work.”
“It addresses that income gap for those retiring before they access the State pension and respects both the operational needs of employers and the choice of employees who are happy to retire at that contractual retirement age. This Bill, therefore, focuses on bridging that gap and creates a new employment right for those affected, strengthening protections by requiring an individual assessment where an employer seeks to enforce a contractual retirement age below the pensionable age, but provides clear redress through the WRC. In short, it is a proportionate, practical solution that improves fairness without undermining the legitimate interests of employers or the integrity of workforce planning.”
“The Pensions Commission examined this option in detail and concluded that complete abolition would impose substantial burdens on employers and would severely limit their ability to plan for recruitment, succession and workforce renewal. These functions are essential for the business community to continue and for creating opportunities for younger workers. We should be mindful that while unemployment in the State is at near historic lows, the youth unemployment rate is higher than in any other age group. The commission's recommendation, which Government accepted, was to introduce a targeted measure that aligns contractual retirement ages with the pensionable age for employees who do not consent to retirement at the contractual age. This strikes the right balance.”
“It allows, but does not compel, employees to remain in employment until pensionable age. This measure will improve adequacy of income for older workers. It will practically benefit employees who would experience a significant drop in their income if they were forced to retire before the age at which they could first access the State pension. It also gives employees the opportunity to build up further PRSI contributions, potentially improving their pension entitlements while enabling further and fuller participation in economic and social life. Calls to abolish mandatory retirement ages entirely have been raised. While understandable, this would go far beyond the scope of this Bill and current Government policy.”
“These measures stem from the recommendations of the Pensions Commission and reflect the Government's commitment to provide adequate and reliable income for people in retirement, while safeguarding the long-term viability of the Social Iinsurance Fund. In January 2025, my colleague the Minister for Social Protection will launch the auto-enrolment retirement savings scheme, a trademark reform that will help workers build pension savings throughout their careers. Together, these initiatives promote fairness, encourage longer working lives and give people confidence that their retirement income will be both sustainable and predictable. Workers retiring at 65 have faced an income cliff edge before reaching the pensionable age of 66. This Bill bridges that gap.”
“Equally, I know Senator Murphy has been making the case that those who do want to retire have those options and are supported financially to do so. I thank everyone for their comments here today. The Bill is a targeted and proportionate measure designed to address a very specific problem, namely, the gap between the age at which many employees are contractually required to retire and the age at which they can first access the State pension, which has been a huge problem. This is not an isolated measure. It complements wider reforms to strengthen Ireland's pension system for future generations. This Bill is part of a comprehensive package of pension reforms designed to ensure sustainability and predictability in the retirement system.”
“I thank all Senators for their contributions. Can I say that Senator Joe Conway looks amazing for eight decades? He is very dapper today. Congratulations. What a wonderful achievement. Very valid points were raised and the officials are working furiously in the background, taking copious notes on Senators' suggestions, comments and observations. The story about Senator Nelson Murray's mum is a lovely story to tell. My own dad is in his 70s as well, working in Slane, County Meath, not too far from the Senator. We all know people who, while they may reach the retirement age, do not really think of life in terms of retirement. We have to acknowledge that and respect it and support people who do want to continue long past 65 or 66.”
“Section 10 makes it an offence for an employer to retire an employee having failed to provide a written, reasoned reply in response to the employee’s written notification. In summary, the aims of this Bill are multiple. It will facilitate employees who wish to continue working beyond the normal retirement age of 65. It will bridge the income gap for those workers who may experience a significant drop in their income when they are required to retire before they can access the State pension. It will improve adequacy and predictability of income for older workers. I look forward to hearing Senators' views and to continuing our work on this important Bill.”
“This is aligned with the compensation set out in the Employment Equality Acts for offences under that legislation. These compensation levels are designed not only to benefit an employee whose rights are breached, but to be sufficient and dissuasive to encourage employer compliance with the legislation. Section 7 makes technical changes to the Workplace Relations Act 2015 to provide for this complaint mechanism. Part 4 relates to penalisation and offences. Section 8 protects employees from penalisation for exercising, or proposing to exercise, their entitlements. Section 9 states that employees’ existing rights under employment equality legislation are retained but redress cannot be granted by the WRC under both pieces of legislation.”
“The employer must be capable of justifying the retirement age for the individual worker as distinct from a general class of worker. The threshold to be met is, therefore, higher than is provided for in the Employment Equality Acts, which will continue to have effect more generally. Part 3 sets out how employees can enforce their rights under this Bill. Section 6 sets out the complaints procedure, which is in line with other employment rights legislation. Employees will be able to refer a complaint and seek redress through the WRC if their rights under this Bill are breached. Where a complaint is well founded, the WRC may require the employer to take a specific course of action, including reinstatement or re-engagement. The WRC can also award compensation, with an upper limit of the greater of 104 weeks’ remuneration or €40,000.”
“Employees also have the right to change their mind. They can choose to withdraw the notification and retire. However, they must give the employer notice in accordance with their contract or minimum notice legislation, whichever is the shorter. When employers receive this notification, they cannot enforce the retirement age, except in limited circumstances. If the employer wants to enforce the contractual retirement age, it must give the employee a written reply that sets out an objective and reasonable justification for applying the retirement age to that individual employee. This exception recognises that there may be limited circumstances where it is necessary that a retirement age below the age of 66 applies. This fact was recognised by the Pensions Commission in its report. I want to make an important point here.”
“Section 3 provides that the Bill applies to employees with a contractual retirement age that is below the State pension age and who have completed their probation. This section also explicitly excludes employees with a retirement age set out in law, such as members of the Garda or the Defence Forces, from the Bill’s effect. Section 4 is a standard provision relating to expenses incurred in the Bill’s administration. Part 2 of the Bill sets out how this new employment right operates. Section 5 provides that employees may give notice to their employer that they do not consent to retire at a contractual retirement age below the State pension age. This notice period must be a minimum of three months but no greater than one year. An employer’s handbook may require a longer minimum notice period but this cannot be more than six months.”
“The Department has also worked alongside the WRC to develop a comprehensive information campaign for both workers and employers on the new rights and obligations arising from this Bill, once enacted. In addition, I expect that a new WRC code of practice will be developed clearly setting out the obligations arising under this legislation. This approach will support a smooth commencement of the Bill and ensure that the new right is implemented consistently and fairly. I will now outline the main provisions of the Bill, which consists of ten sections, divided into four Parts. An explanatory memorandum has been published and provides a summary of the provisions. Part 1 of the Bill deals with preliminary and general matters. Sections 1 and 2 set out the Short Title of the Bill, commencement provisions and necessary definitions.”