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Tuesday, 23 Apr 2013

Written Answers Nos. 305-313

National Lottery Funding Disbursement

Questions (305)

Nicky McFadden

Question:

305. Deputy Nicky McFadden asked the Minister for Public Expenditure and Reform if the natural environment will be added to the list of purposes to which National Lottery funds may apply; and if he will make a statement on the matter. [18910/13]

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Written answers

The Report Stage debate regarding the National Lottery Bill 2012 took place in the Dáil on 17 April 2013. During the debate, section 41(1) of the Bill was amended in order to provide that the natural environment shall be one of the categories to which the proceeds of the National Lottery may be applied. The Bill is due to be debated in the Seanad shortly.

Revised Estimates Publication

Questions (306, 307)

Seán Fleming

Question:

306. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the savings in his Department's 2013 Revised Estimates of Expenditure which incorporate the savings which were part of the Labour Relations Commission draft proposals on the Croke Park 2 Agreements; and if he will make a statement on the matter. [18991/13]

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Seán Fleming

Question:

307. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the payroll savings that were provided for in his Department under the Revised Estimates for Public Service as compared to the draft estimates published in December 2012 arising from the terms of the Labour Relations Commission Proposals Croke Park 2; and if he will make a statement on the matter. [19047/13]

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Written answers

I propose to take Questions Nos. 306 and 307 together.

The Revised Estimates Volume (REV) is published each year a few months after the Budget. The REV gives a fuller, more detailed breakdown of spending by each Department and Vote than the spending information announced in the Estimates which are published with the Budget each year. The REV also gives the provisional outturn for spending in the preceding year and includes performance budgeting information for each area of Government spending.

The REV 2013, published last week on Wednesday, 17 April, elaborates on the 2013 spending information published in the Expenditure Report 2013 at Budget time last December. Individual Vote Estimates were also presented to the Dáil and referred to the relevant Dáil Select Committees for discussion. The Revised Estimates set out detailed financial and output information for all Departments and it is important that select committees have the opportunity to examine this information and in particular the performance budgeting information and programme outputs.

In keeping with the largely technical nature of the REV, the majority of adjustments arise from the allocation of savings around pay, pensions, conditions of service and reductions in public service numbers. The estimates in Budget 2013 included some of these savings in individual Votes and also an undistributed amount that was yet to be allocated. These savings have now been fully apportioned across individual Votes on the basis of the Labour Relations Commission recommendations. A small element of the 2013 savings is non-Exchequer, non-voted or non-pay, so these savings will not be seen in the voted Exchequer pay total shown in the REV 2013.

The overall savings arising as a result of the Labour Relations Commission recommendations would have achieved the required savings for 2013 and the full target by the end of the deal period. I made a decision to publish the Estimates, which are based on the implementation of the Labour Relations Commission recommendations, because that is what we hoped the position would be. The recommendations were the most appropriate means of achieving the savings required. The Government will continue to reflect on last week's outcome of the ballot. In the meantime, we have agreed to request the CEO of the Labour Relations Committee to make contact with the parties in the coming days to establish whether or not there is a basis for a negotiated agreement to meet the budgetary targets. He will report back in time to allow for further discussion and decision by Government on the next steps. Following that, any changes required will be reflected in the Estimates as appropriate and presented to the Oireachtas as soon as possible thereafter.

Departmental Staff Redeployment

Questions (308)

Michael McCarthy

Question:

308. Deputy Michael McCarthy asked the Minister for Public Expenditure and Reform if he will confirm if a person (details supplied) in County Cork is eligible for a transfer within the civil service; and if he will make a statement on the matter. [19120/13]

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Written answers

There are no formal arrangements in place within the civil service to facilitate requests for transfers to other locations/employments, except in the case of grades represented by the Civil & Public Services Union. Transfers for these (mostly Clerical and Staff Officers) are arranged in accordance with formal procedures agreed with the Staff Side at General Council under the Conciliation and Arbitration Scheme for the Civil Service. Transfers between grades in the civil service can be arranged on an informal, head-to-head, basis. Such transfers are arranged between the officers seeking to move and the relevant Personnel Units and require the agreement of both Personnel Officers. Arrangements for the transfer of specific individuals are a matter for the employer concerned – in this case responsibility rests with the Director General of the Central Statistics Office under the Public Service Management Act 1997.

Question No. 309 withdrawn.

Employment Appeals Tribunal

Questions (310)

Patrick Nulty

Question:

310. Deputy Patrick Nulty asked the Minister for Jobs, Enterprise and Innovation his plans that he will put in place to reduce the waiting time, currently at least 77 weeks, before a case is heard by the Employment Appeals Tribunal; and if he will make a statement on the matter. [18379/13]

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Written answers

The Employment Appeals Tribunal is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. The Employment Appeals Tribunal has seen a significant increase in its caseload in recent years, as it is one of the front-line services directly impacted upon by the economic downturn. The largest increase in claims has been in redundancy appeals but other types of claims have also increased. Regrettably, this has increased the time it takes for a claimant to have his or her case heard. All appeals are listed for hearing in accordance with their date of lodgment with the Tribunal.

The tribunal itself has been active in ensuring that the resources allocated to it are used in an efficient manner and there is an ongoing review of how this is best delivered. For example, divisions of the tribunal are sitting longer, hearing more cases per hearing and seeking to manage the caseload to maximise efficiency. Cases are assessed at the scheduling stage and those that are seen as requiring less time to conclude or are of a similar nature are streamed together in an effort to conclude as many cases as possible in as short a time as possible. This is reflected directly in the increase in the number of cases finalised by the tribunal over the last three years. These increases are as follows: 2010 + 30%, 2011 + 11% and 2012 + 13%.

Notwithstanding the efforts of the tribunal, I believe that the delays that users of the service are experiencing are unacceptable. This is one of the reasons I am undertaking a root and branch reform of all five workplace relations bodies. The reform programme I have commenced will deliver a two tier workplace relations structure by merging the activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court into a new Body of First Instance, to be known as the Workplace Relations Commission (WRC). The appellate functions of the Employment Appeals Tribunal will be incorporated into an expanded Labour Court. Work has commenced on the drafting of a workplace relations Bill to give effect to the new two-tier structure.

The purpose of the reform programme is to provide a more efficient and effective system of resolving employment disputes. Substantial progress has already been made in this regard. For example, the establishment of a workplace relations single contact portal from January this year has resulted in all complaints now being acknowledged and respondents notified within a matter of weeks of receipt of the complaint. In some cases this was taking up to eight months. This service enhancement increases the likelihood of employers and employees resolving issues sooner and has substantially reduced the backlog for certain hearings. I understand that the backlog for Rights Commissioner hearings has effectively been eliminated.

The service improvements have also been underpinned by the launch from January last year of a single complaint form for all first instance workplace relations complaints. A Pilot Early Resolution Service commenced on 14 May last year. This service will provide the opportunity in certain cases for employers and employees to resolve issues without recourse to formal adjudication hearings, thus relieving pressure on adjudication services such as the Rights Commissioner Service and the EAT.

The two tier model now being designed will deliver a just, fair and efficient adjudication service provided by independent, professional and impartial decision-makers with a target period of three months from the time of complaint to hearing, and written, reasoned decisions within 28 working days of the hearing with published decisions. Finally, I also intend to provide for a more effective method of enforcing the awards of adjudicators.

Employment Rights

Questions (311)

Ciara Conway

Question:

311. Deputy Ciara Conway asked the Minister for Jobs, Enterprise and Innovation the reason NERA will not investigate a legitimate complaint raised by a person (details supplied) in County Waterford; if there is another means by which a satisfactory resolution can be reached; and if he will make a statement on the matter. [18394/13]

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Written answers

I have been informed by NERA that the complainant is a proprietary director of the company against whom he has made the complaint. This information is based on information sourced from the Company Registration Office records. NERA has been attempting, therefore, to establish the status of the complainant’s engagement with the company named in the details supplied as this will have a direct bearing on the applicability of employment legislation in this case.

For NERA to progress its examination of this complaint NERA wrote to the complainant on 3 September 2012 and 22 March 2013. I understand that NERA has made a number of attempts to contact the complainant by telephone with a view to an early meeting to advice on the current position in relation to the complaint and to discuss any outstanding issues. It would assist NERA’s enquiries if the complainant could, as requested forward certain documentation requested. The complainant could usefully contact NERA’s Cork Office (contact details available in NERA’s letter dated 22 March, 2013) to progress this.

Question No. 312 answered with Question No. 108.

Redundancy Payments

Questions (313)

Finian McGrath

Question:

313. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation his views on a matter regarding redundancy payment in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [18526/13]

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Written answers

The responsibility for the administration of Redundancy Payments is no longer within the remit of my Department and has instead transferred to the Dept. of Social Protection. I have been informed by that Department that its records indicate your constituent's full statutory entitlement to a redundancy payment has been met by his former employer. If this is not the case then direct contact should be made with the Dept. of Social Protection in relation to this matter.

You have also referred to a claim before the Labour Relations Commission (LRC) in respect of this matter. Any claim that your constituent has made in relation to this matter before the LRC would in all likelihood be heard by a Rights Commissioner. The Rights Commissioner will, in due course, issue a recommendation and in circumstances where the recommendation relates to the Unfair Dismissals Acts, either party may appeal that recommendation to the Employment Appeals Tribunal (EAT). It is long-established practice that I, as Minister, do not get involved with the adjudication/mediation process and as such, you will appreciate that I can have no role in the handling or conduct of individual cases. It would therefore be totally inappropriate for me to comment on the case concerned. Should any issues arise regarding the progress or conduct of a case before the Rights Commissioner Service, information may be sought directly from the CEO of the LRC, Mr. Kieran Mulvey.

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