Ending pensions unconstitutional, insists Cowen

INTRODUCING LEGISLATION to immediately end the paying of ministerial pensions to TDs and Senators would be unconstitutional, Taoiseach Brian Cowen insisted in the Dáil yesterday.

Mr Cowen said the Attorney General’s legal advice was there was an entitlement under existing law because the pension was a property right.

“Property rights are protected under the Constitution, we are advised,” he added.

“Any reduction or removal of pensions by legislation has to be proportionate.”

Fine Gael leader Enda Kenny said the late James Dillon, a former Fine Gael leader, had remarked that politics was a vocation which drew people into stormy and calm waters.

“Everybody who serves whatever party or none here understands that,” he added.

As a profession, politics had “taken a beating on many fronts, some justified and some not”, said Mr Kenny.

Urging the Taoiseach to accept a Fine Gael Bill abolishing ministerial pensions for serving Oireachtas members, he said that he had never accepted it was unconstitutional to legislate on the issue.

If the Government voted down the Bill, Fine Gael members in the Oireachtas drawing ministerial pensions would voluntarily give them up or give them to charity, he said.

Mr Kenny added that Minister for Finance Brian Lenihan had refused to divulge to him the legal advice given by the Attorney General.

He understood, he said, that it related to the principle of legitimate expectation.

The Government had passed legislation last year giving effect to a new law ending paying pensions on the first day of the new Dáil. The Government followed it by reducing the scale of existing pensions.

Mr Kenny challenged the Taoiseach to accept the Bill so that “the relentless pursuit of individuals can then be dealt with once and for all”.

Mr Cowen said that while he could have the Fine Gael proposal examined, he was clearly making the point that the Government view was based on the Attorney General’s advice by which it had to abide.

Mr Kenny said his legal advice was that it was constitutional to introduce legislation.

There were some strong reports around the Dáil that the Government’s reluctance was due to the fact that some Fianna Fáil TDs were in receipt of pretty significant pensions.

“The public at large are very angry about the mismanagement of public finances,” he added.

“This is an issue that has been around for some time, and it is unfair to have a situation where some do and some don’t.”

Mr Cowen said it was not a question of the Government being reluctant to introduce legislation. It was a question of having lawful legislation.

He said that there had been a 25 per cent reduction in ministerial pensions.

“If people wish to make a further contribution, based on the present situation, that is a matter for each individual to consider and reflect upon it,” he added.

Mr Cowen said he was very anxious to ensure that discretion was applied to every individual.