Mary Lou McDonald
Question:100. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he intends to proceed with legislative cuts to public sector pay implemented from 1 July 2013. [21973/13]
View answerPublic Sector Staff Remuneration
Questions (100)
Written answers
As the Deputy will be aware, I requested Mr. Kieran. Mulvey, the Chief Executive Officer of the Labour Relations Commission (LRC) to establish if there was any basis to conclude a negotiated agreement following the ICTU Public Services Committee rejection of the LRC proposals for an extension to the Public Service Agreement. I have agreed Mr. Mulvey's request to allow him additional time to explore with the trade unions and relevant management potential areas for progress that have emerged as part of the engagement process. It is intended that this limited and intensive process will conclude over the coming days. Based on the final outcome to this engagement, I will be bringing proposals to Cabinet to secure the necessary savings required in the public service pay and pensions bill.
Coillte Teoranta Harvesting Rights Sale
Questions (101)
Richard Boyd Barrett
Question:101. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform if his attention has been drawn to the possible legal difficulties or obstacles to the sale of the harvesting rights of Coillte; in particular, if such a sale might breach articles in the Aarhus Convention in relation to public participation and environmental issues; and if he will make a statement on the matter. [21992/13]
View answerWritten answers
As might be expected, a variety of complex issues, legal or otherwise, fall to be considered in the context of the proposed sale of harvesting rights to Coillte forests as announced under the State assets disposal programme. The Government has established a Steering Group comprising the relevant Departments and NewERA to examine these issues and to report back to Ministers on the matter. NewERA, on behalf of the Steering Group, has worked closely with Coillte to analyse the various financial, policy and technical issues arising, which include inter alia the issue of public access to the forests, replanting obligations to ensure the continued existence of our forests, harvesting policy, the issue of supply of timber to the local saw mills, etc., as well as the implications for Coillte itself. A number of specialist advisers have been engaged by Coillte to further inform this process. The implications of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters for the form and timing of an eventual harvesting rights transaction are also among the matters that are being explored.
Ministerial Expenditure
Questions (102)
John McGuinness
Question:102. Deputy John McGuinness asked the Minister for Public Expenditure and Reform the amount of travel and subsistence both foreign and domestic claimed by each junior Minister and Secretary General in his Department for the period 2007 to date in 2013; the number of staff appointed by each Minister and junior Minister in his Department or constituency office and their relevant cost including travel and subsistence in each case for the period 2007 to date in 2013; and if he will make a statement on the matter. [22041/13]
View answerWritten answers
In response to the Deputy’s question the following is a list of travel and subsistence claimed by my Secretary General and the Minister of State since the formation of my Department in July 2011 to date in 2013. An additional list of staff appointed by me in my Department and the Minister of State is also included incorporating their relevant cost and travel and subsistence for the same period.
Travel and Subsistence claimed by Secretary General and Minister of State 05/07/2011 – 07/05/2013
|
Officer |
Domestic |
Foreign |
Total |
|
Secretary General |
€277.96 |
€2,688.41 |
€2,966.37 |
|
Minister of State |
€40,633.17 |
€8,376.83 |
€49,010.00 |
|
Overall Total |
€51,976.37 |
Staff appointed by Minister and Minister of State in Department or Constituency Office and their relevant costs 05/07/2011 – 07/05/2013
|
Minister |
- |
- |
|
Type of Expenditure |
Number of Staff |
Amount |
|
Drivers Salaries |
2 |
€145,297.00 |
|
Drivers Expenses |
€47,832.00 |
|
|
Special Advisers Salaries |
2 |
€411,729.44 |
|
Special Advisers Expenses |
Nil |
|
|
Total |
€604,858.44 |
|
|
Minister of State |
- |
- |
|
Type of Expenditure |
Number of Staff |
Amount |
|
Drivers Salaries |
3* |
€152,924.00 |
|
Drivers Expenses |
€9,258.00 |
|
|
Total |
€162,182.00 |
*Minister of State has 2 drivers. One driver was replaced during the period stated.
Public Park Access
Questions (103)
Aengus Ó Snodaigh
Question:103. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure and Reform if a copy of the bylaws for the Phoenix Park, Dublin, are available to the public; if he will ensure that those bylaws and any other laws pertaining to the use of the Phoenix Park for purposes as a large scale entertainment venue be made available to local community organisations adjacent to the park, in particular the two Chapelizod residents' associations, COVA and CRA. [22068/13]
View answerWritten answers
The bye-laws relating to the Phoenix Park are on public display at the following entrances: Parkgate Street, Chapelizod Gate, Islandbridge Gate and North Circulare Gate.
Copies of the bye-laws are available on the Phoenix Park website (www.phoenixpark.ie) for all local communities and the general public at large.
Public Sector Pensions Legislation
Questions (104)
Olivia Mitchell
Question:104. Deputy Olivia Mitchell asked the Minister for Public Expenditure and Reform if in the proposed public sector pensions reduction legislation a specific amendment will be included to exclude pension benefits resulting from contributions made on a purely commercial basis as for instance in the case where a former worker moves from the private sector to the public sector and transfers the private fund to the public one; and if he will make a statement on the matter. [22104/13]
View answerWritten answers
As the Deputy will be aware, following the rejection by the ICTU Public Services Committee of the Labour Relations Commission proposals for a revised "Croke Park" deal, the Government has requested the Chief Executive of the LRC to make contact with the parties to establish whether or not there is a basis for a negotiated agreement to meet budgetary targets. The Government will reflect on the outcome of this process before deciding on how to secure the required level of savings from public service pay and pensions.
More generally, and as a long-standing norm in public service pension schemes, service which is purchased or transferred in is treated in the same way as ordinary accrued service for the purposes of calculating pension benefits. This parity of treatment also applies in respect of the exposure of pensions to the Public Service Pension Reduction (PSPR). Since its introduction on 1 January 2011, the PSPR has applied to affected public service pensions in an across-the-board fashion, with no distinction being made in respect of any part of a pension which derives from purchased or transferred service; I have no plans at present to change this arrangement.
Employment Rights Issues
Questions (105, 106, 107)
Peadar Tóibín
Question:105. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the protections that are in place to ensure that au pairs are not exploited in work; and if he will identify the relevant sections of legislation that excludes au pairs from such protections. [21927/13]
View answerPeadar Tóibín
Question:106. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if au pairs recruited and placed by an agency are covered by the provisions of the Protection of Employees (Temporary Agency Workers) Act; and if not if he will identify the relevant sections of legislation that excludes such workers. [21928/13]
View answerPeadar Tóibín
Question:107. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the number of au pairs currently working here; and the steps taken to regulate this employment. [21929/13]
View answerWritten answers
I propose to take Questions Nos. 105 to 107, inclusive, together.
The term "au-pair" is not defined in Irish employment rights legislation. A genuine au pair placement falls outside the scope of the employer-employee relationship and, therefore, I do not have any statistics on au pairs.
Accordingly, agencies offering genuine au pair placements fall outside the scope of the Protection of Employees (Temporary Agency Work) Act, 2012.
I am aware that NERA has encountered individuals described as "au pairs" who have been found to be domestic employees and as such are fully protected by the State’s employment rights legislation. In these instances NERA investigates employers who are using the term ‘au pair’ to avoid their statutory obligations under employment law. Where the employment status of an individual is in question, the provisions of the "Code of Practice Determining the Employment or Self-Employment Status of Individuals" are used in order to determine the employment status of the relationship.
Ireland's body of employment rights legislation protects all employees employed on an employer-employee basis in Ireland. Therefore, once it is clear that a person is working under a contract of employment in another person’s home, on a full-time or part-time basis, that person has the same protection under law (including the right to the National Minimum Wage) as all other employees.
Guidance and information for both workers and employers as to the employment of persons in domestic situations is contained in the "Code of Practice for Protecting Persons Employed in Other People's Homes" which was developed in 2007 by Labour Relations Commission in consultation with social partners. Further information on employment rights is available by phone from 1890 80 80 90 or online from www.workplacerelations.ie.
Where people have concerns that employees may be exploited or are receiving less than their statutory entitlement, the matter may be reported to NERA for investigation. Cases for redress on matters relating to Employment Equality or Employment Rights legislation can be made on the workplace relations complaint form available from NERA or online at www.workplacerelations.ie.