Assisted Decision-Making (Capacity) (Amendment) Act 2022
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Provisions regarding National Disability Authority Act 1999 | ||
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100. (1) The Act of 1999 is amended— | ||
(a) in section 8(2), by the insertion of the following paragraph after paragraph (c): | ||
“(ca) to provide information and advice to the Irish Human Rights and Equality Commission, including the development and provision of statistical information if required, in order to assist it in carrying out its functions under section 10 (2)(ha) of the Irish Human Rights and Equality Commission Act 2014 ;”, | ||
(b) in section 27— | ||
(i) by the insertion of the following subsection after subsection (1): | ||
“(1A) A member of staff appointed to the Authority on or after the date of commencement of section 100(1)(b)(i) of the Assisted decision-making (Capacity) (Amendment) Act 2022 shall be a civil servant in the Civil Service of the State.”, | ||
and | ||
(ii) by the insertion of the following subsection after subsection (2): | ||
“(2A) The Authority shall be the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to the members of its staff (including the Director).”, | ||
and | ||
(c) by the insertion of the following sections after section 27: | ||
“Further provisions regarding staff of Authority | ||
27A. (1) (a) A person who immediately before the date of the coming into operation of section 100(1)(c) of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (in this section referred to as the ‘commencement date’) was a member of the staff of the Authority shall, on that day, continue to be a member of the staff of the Authority and shall hold a position in the Civil Service of the State. | ||
(b) The Director of the Authority shall, on the commencement date, hold a position in the Civil Service of the State. | ||
(2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall on the commencement date be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before that date. | ||
(3) The previous service in the Authority of a person referred to in subsection (1) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: | ||
(a) the Redundancy Payments Acts 1967 to 2014; | ||
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ; | ||
(d) the Organisation of Working Time Act 1997 ; | ||
(e) the Terms of Employment (Information) Acts 1994 to 2014; | ||
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(g) the Unfair Dismissals Acts 1977 to 2015; | ||
(h) the Maternity Protection Acts 1994 and 2004; | ||
(i) the Parental Leave Acts 1998 to 2019; | ||
(j) the Adoptive Leave Acts 1995 and 2005; | ||
(k) the Carer’s Leave Act 2001 ; | ||
(l) the Paternity Leave and Benefit Act 2016 ; | ||
(m) the Parent’s Leave and Benefit Act 2019 . | ||
(4) Subject to subsection (5), any superannuation benefits awarded to or in respect of a person referred to in subsection (1) and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the commencement date. | ||
(5) Subsection (4) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. | ||
(6) The pension payments and other superannuation liabilities of the Authority in respect of the persons referred to in subsection (1) become on the commencement date the liabilities of the Minister for Public Expenditure and Reform. | ||
(7) A person referred to in subsection (1) shall be subject to, and employed in accordance with, the Civil Service Regulation Acts 1956 to 2005 and the Ethics in Public Office Acts 1995 and 2001. | ||
(8) In this section, ‘recognised trade union or staff association’ means a trade union or staff association recognised by the Minister for the purposes of negotiations that are concerned with the remuneration or conditions of employment, or the working conditions of employees. | ||
Further provisions regarding superannuation liabilities of Authority | ||
27B. (1) A person who, immediately before the date of the coming into operation of section 100(1)(c) of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (in this section referred to as the ‘commencement date’), was a retired or deceased member of— | ||
(a) the staff of the Authority, | ||
(b) the staff of the Board, or | ||
(c) the staff of another person, body or authority, and in relation to whom certain superannuation liabilities are, immediately before the commencement date, being paid by the Authority, | ||
shall, on and from that date, be deemed to be a retired or deceased member of the Civil Service of the State for the purposes of this section. | ||
(2) A person, other than a person to whom subsection (1) applies, who, immediately before the commencement date, was a former member of— | ||
(a) the staff of the Authority, | ||
(b) the staff of the Board, or | ||
(c) the staff of another person, body or authority, and in relation to whom certain superannuation liabilities fall to be paid by the Authority, | ||
shall, on and from that date, be deemed to be a former member of the Civil Service of the State for the purposes of this section. | ||
(3) Subject to subsection (4), any superannuation benefits to which subsection (5) applies awarded to or in respect of a person referred to in subsection (1) or (2) on and after the commencement date, and the terms relating to those benefits, shall be no less favourable than those applicable to or in respect of the person immediately before the commencement date. | ||
(4) Subsection (3) shall not apply in respect of an arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. | ||
(5) The pension payments and other superannuation liabilities of the Authority in respect of the persons referred to in subsections (1) and (2) become on the commencement date the liabilities of the Minister for Public Expenditure and Reform.”. | ||
(2) (a) The National Disability Authority shall not, from the date of commencement of this subsection, make a scheme under section 28(1) of the Act of 1999. | ||
(b) Paragraph (a) shall not affect the validity of any scheme made under section 28(1) of the Act of 1999 before the date of commencement of this subsection. | ||
(3) In this section, “Act of 1999” means the National Disability Authority Act 1999 . |