Financial Emergency Measures in the Public Interest (No. 2) Act 2009

Further amendment, etc., of relevant provisions.

4.— (1) Subject to subsection (2) and section 6 , a purported amendment (other than an amendment by Act of the Oireachtas) of a relevant provision amended by section 2 that would have the effect of increasing the remuneration payable to a public servant is of no effect.

(2) An amendment of a relevant provision may be made—

(a) for the purposes of complying with any order of a court in respect of which there is no stay in being,

(b) for the purposes of complying with any enforceable determination of the Labour Court in respect of which there is no stay in being, or

(c) where the Minister is satisfied that a legal entitlement exists in respect of any position held by a public servant or by a group or class of public servants to a higher rate of remuneration, and the Minister has certified accordingly in writing to the public service body concerned.

(3) Every order or determination to which subsection (2) relates shall be deemed to be stayed—

(a) until the expiration of the period for appeal, including any period of extension duly ordered,

(b) in the case where an appeal is instituted, until that appeal is withdrawn, determined or otherwise disposed of,

unless for stated reasons the High Court considers it just and equitable to direct otherwise having regard to the exceptional circumstances of the case and having taken into account the public interest.