Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation

1. Records whereby, under CJEU judgment C-378/17 (WRC v Boyle), the Department, including of its own volition, has examined the lawfulness, under EU Law, of provisions within the relevant Government Circulars; this, because, per the CJEU, all State Authorities, ‘…so as to ensure that EU law is fully effective, must neither request nor await the prior setting aside of such provisions or such case-law by legislative or other constitutional means...’ Compliance (or in the alternative, conflict) with EU Law, includes the EU Pensions Directive 2003/41/EC, concerning occupational pensions and also, the EU Charter of Fundamental Rights, 2009. 2. Records, as to whether there exist '...breaches of EU Law / EU Directive on Occupational Pensions arising under the Terms of a Gov. Circular (*) issued pursuant to Section 7 of the Civil Service Regulations Act, 1956 (as amended) ...also, records on whether the expanse of the (pensions) issue raised would have to involve consideration of all persons affected and to consideration of the wider Pension Schemes...' (*) The Terms of the Government Circular, here, relates to the manner that Civil Service / Public Sector Employers make deductions from pension lumpsums re any overpayments of pay and/or expenses, without getting the written consent of employees, at the point of retirement, to make such deductions from pension entitlements. [FYI - No. 2 above, is the 'Question of Law' phraseology that was received by me from the FSPO in relation to a complaint made by me; wherein, here, the FSPO exceptionally invoked S52(1)(f) of its statute and thus, whereby the FSPO statutorily directed me to The Courts, via advising me, that matters are ‘…of such a degree of complexity that The Courts are a more appropriate forum…’. ] 3. Records, as to whether such Circulars comply with various Rights, under EU Law - e.g. fair procedures; security of pensions, pensions trustees, property rights; especially noting that 'Fair Procedures' is not the same as hardship.