Joint Committee on Public Service Oversight and Petitions debate -
Thursday, 11 Dec 2014

Decisions on Public Petitions Received

Chairman

We will proceed in public session to record the decisions of the committee. The committee has received a total of 124 petitions to date since the launch of the petitions system. The secretariat has been examining them to establish their admissibility and how best to progress the petitions for consideration by the joint committee. Some 104 of the petitions received have been brought before the committee on at least one occasion.

The first is P00022/14 and relates to compensation for victims of uninsured aircraft operators, as there is no equivalent to the Motor Insurers Bureau of Ireland. The petitioner is Mr. John Dunphy. Following involvement in an aircraft accident where insurance was rescinded, the petitioner is requesting that the Oireachtas legislate in respect of compensation for injured parties. The EU motor insurance directive requires member states to legislate for victims of uninsured motorists, but there is currently no equivalent of the Motor Insurers Bureau of Ireland for the aviation industry.

We have agreed to refer the petition and correspondence to the Joint Committee on Transport and Communications, suggesting that it may wish to include it in its work programme and give consideration to the establishment of the aviation insurers bureau and engage at European level on this issue. We will forward the petition and correspondence to the Department and it may wish to consider changes to address the issue. We will inform the petitioner and close the petition. Is that agreed? Agreed.

The second petition before us is P00023/14 and requests a plebiscite to allow for a directly elected mayor of Dublin. It comes from Ms Catherine Heaney and the group Let Dublin Vote. The petitioners recommend the introduction of a plebiscite and feel the veto in the Local Government Act 2014 is in contradiction to what was promised in the programme for Government. The Local Government Reform Act 2014 provided for the holding of a plebiscite on the possible introduction of an office of directly elected mayor for Dublin. However, the holding of a plebiscite in conjunction with the 2014 local elections was predicated on agreement by the four local authorities in Dublin, which did not materialise. The Department has advised that the current legislation needs to be changed to consider any plebiscite or referendum and the Department does not wish to do this based on its heavy legislative work programme.

Deputy Michelle Mulherin

This is not something we should be dealing with as a petition but the petitioners have views and the best thing is to forward it to the Department and the Oireachtas committee dealing with local government to consider and then close the petition.

Chairman

Is that agreed? Agreed. The third petition is P00024/14, which concerns tendering for the social inclusion and community activation programme and comes from Ms Deirdre McCarthy and the Dublin Inner City Community Alliance. The petitioners believe the Government policy of tendering the new social inclusion and community activation programme threatens to undermine community development projects and will result in a deterioration of services for the most disadvantaged. They cite as the problem the enforcement of the EU procurement directive, 2004/18/EC, and advise it has been superseded by EU directive 2014/24/EU.

Deputy Noel Harrington

Having discussed the petition, I propose inviting the petitioner before the committee to make her presentation and send her a copy of the Department's opinion in advance, possibly with a view to inviting the Minister subsequent to her presentation to the committee.

Deputy Michelle Mulherin

I support the worthwhile suggestion made by Deputy Harrington. It is a sensitive transitional area and there has been much good work done on social inclusion under the community activation programmes. It would be helpful to hear from individuals involved because it will be replicated around the country. We can hear the issues for consideration.

Chairman

Is that agreed? Agreed. The final petition is P00034/14, the Public Appointments Service panel for a position in the office of the Garda Síochána Ombudsman Commission. The petitioner is Mr. Paul Hanna. The petitioner had an issue with the Public Appointments Service and the closing of panels without informing the applicants. The matter has been resolved in so far as it concerns the petitioner, but as a committee with responsibility for public service oversight, the issue for us is not with the individual case but around the matter of public concern or the need for change in public policy that has arisen. We have agreed to close the petition and write to the petitioner advising him of this. We will also write to the Public Appointments Service and advise that, in the interests of openness and transparency, it should indicate at the time of advertising all rules and regulations regarding panels associated with each competition. We will engage with the Public Appointments Service and await a response. We will monitor that it addresses the issue that has been resolved in this case.

Deputy Michelle Mulherin

The petitioner, through the detail of the petition, has raised issues of public interest and concern. I agree with the recommendation of the Chairman to contact the Public Appointments Service.

Chairman

Is that agreed? Agreed. There will be no meeting next week so we will meet again in the new year. I wish members a happy Christmas.

The joint committee adjourned at 2.10 p.m. until 4 p.m. on Wednesday, 14 January 2015.