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Tuesday, 16 Jun 2015

Written Answers Nos. 869 - 881

State Bodies

Questions (869, 870, 875, 898, 902)

Richard Boyd Barrett

Question:

869. Deputy Richard Boyd Barrett asked the Minister for Transport; Tourism and Sport if he is aware that the contract of the Chief Executive Officer of Dún Laoghaire Harbour Company (details supplied), is renewed on a yearly basis; if he will confirm that neither he, his Department, nor the Harbour Company have adhered to a document salary range for newly appointed Chief Executive Officers of commercial State - sponsored bodies which was issued by the Government and effective since 2008, whereby the person's salary as Chief Executive Officer should have been reduced by 10% per annum; and if he will make a statement on the matter. [23214/15]

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Richard Boyd Barrett

Question:

870. Deputy Richard Boyd Barrett asked the Minister for Transport; Tourism and Sport if he is aware that the Chief Executive Officer of Dún Laoghaire Harbour Company receives a basic salary of €136,000 and the Chief Executive Officers of New Ross Port Company, Wicklow Port Company, Galway Harbour Company, and Drogheda Port Company are employed under the salary range Chief Executive Officers of commercial State-sponsored bodies and receive a salary range from €97,626 to €60,654; if he will confirm that under the Government's proposal to designate the above ports as Ports of Regional Significance and that the Chief Executive Officer of Dún Laoghaire Harbour Company's renumeration will be reduced to the salary range of the other designated ports; and if he will make a statement on the matter. [23215/15]

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Richard Boyd Barrett

Question:

875. Deputy Richard Boyd Barrett asked the Minister for Transport; Tourism and Sport further to this Deputy's previous Parliamentary Question and his reply regarding the Chief Executive Officer of Dún Laoghaire Harbour Company receiving €19,877 in lieu of annual leave, if he accepts that under the Organisation of Working Time Act it is illegal for someone to sell an entitlement to annual leave; and if he will make a statement on the matter. [23220/15]

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Richard Boyd Barrett

Question:

898. Deputy Richard Boyd Barrett asked the Minister for Transport; Tourism and Sport further to Parliamentary Question No. 1032 of 26 May 2015 and his response that his Department raised this matter with the incoming Chairperson of Dún Laoghaire Harbour Company, who was on the Audit Committee at the time, appointed in 2013; and given that the previous Chairperson authorised this payment, if he will confirm whether the previous chairperson (details supplied) consulted the Board prior to payment; if so when this consultation took place; and if he will make a statement on the matter. [23626/15]

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Richard Boyd Barrett

Question:

902. Deputy Richard Boyd Barrett asked the Minister for Transport; Tourism and Sport further to previous a Parliamentary Question with regard to the Chief Executive Officer of Dún Laoghaire Harbour Company (details supplied), receiving a payment of €19,877 for selling back annual leave, and given that the current directors are also on the audit committee of the Harbour Company which agreed this, if he will now accept that their positions are untenable; and if he will make a statement on the matter. [23630/15]

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Written answers

I propose to take Questions Nos. 869, 870, 875, 898 and 902 together.

The salary range for CEOs in commercial State Bodies was revised upwards in 2008 to reflect national pay awards at that time. The Department of Finance direction to this Department in 2008 set out the individual salary ranges for CEOs of each of our commercial State bodies, including for the Harbour companies referenced by the Deputy. In the case of Dún Laoghaire Harbour Company, the salary range set by the Department of Finance was from €130,165 to €162,680. The CEO is on the lower end of that range and is not on a contract that is annually renewed. There are no current proposals to reduce the CEO's salary and I do not know the basis for the Deputy's reference to a requirement for a reduction of 10% per annum.

Regarding the payment in lieu of untaken annual leave, the Chairperson explained at the time to my predecessor that the decision to pay the CEO in lieu of annual leave was taken having regard to exceptional circumstances at the time. The Chair acknowledged my Department's view that it disagreed with the decision and confirmed that this situation would not arise again.

The matters raised by the Deputy relating to the consultations by the Chairperson and Board members prior to the above mentioned payment and compliance with the working time legislation is a matter for the Board and I have forwarded the Deputy's questions on these matters to the Chairperson for direct response to the Deputy. If the Deputy does not receive a response within 10 working days, he should contact my private office.

State Bodies

Questions (871)

Richard Boyd Barrett

Question:

871. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport further to a company entitled the International Diaspora Centre Trust being established in 2011 by the board of Dún Laoghaire Harbour Company in 2011 without Government approval at the time, if he will confirm that Government approval was only sought in 2012; and if he will make a statement on the matter. [23216/15]

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Written answers

In December 2011, Dún Laoghaire Harbour Company informed the Department that it was establishing a new company to be known as The Irish International Diaspora Centre Trust. The Company was immediately informed of its statutory requirements as regards the establishment of subsidiaries.

The Company replied that, while the entity proposed was a new company, it was not a subsidiary as defined within the Harbours Acts and therefore the requirement for Ministerial consent did not exist.

Regardless of legal technicalities as regards the status of the Trust, my Department has been consistently clear that the Company should seek Ministerial consent and noted that the Code of Practice for the Governance of State Bodies also requires Ministerial consent in respect of any intended action which would extend or change significantly the nature, scope or scale of the activities in which it engages. A Company proposal to utilise the AGM in 2012 as a mechanism to gain Ministerial consent was rejected by officials as being procedurally incorrect.

The Department required the Company to ensure that the Trust remained non trading and without share capital until such as time as the proper consents had been secured.

In July 2014, my predecessor wrote to the Company to highlight his concerns at the approach adopted by it with regard to meeting the corporate governance standards expected of State bodies. In November 2014, I met with, and subsequently wrote to, the Company and during these exchanges again raised the issue of Ministerial consent in respect of the diaspora project.

The Company has informed me that entity known as The Irish International Diaspora Centre Trust is being wound up.

State Bodies

Questions (872)

Richard Boyd Barrett

Question:

872. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport if he will provide, in tabular form, the names of the directors of the International Diaspora Centre Trust on the date of incorporation with the Companies Office in 2011; the persons who appointed these directors; the changes in directors from 2011 to date in 2015; if he will provide, in tabular form, a breakdown of directors' fees received by these persons; and if he will make a statement on the matter. [23217/15]

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Written answers

I am informed by Dún Laoghaire Harbour Company that the directors of the Irish International Diaspora Centre Trust Ltd. are appointed by the Board of Dún Laoghaire Harbour Company.

Since the Trust's establishment in 2011 the directors have been:

- Mr Seán Costelloe (former Chair of Dún Laoghaire Harbour Company);

- Mr Gerry Dunne (CEO of Dún Laoghaire Harbour Company);

- Mr Peter Brennan (director of Dún Laoghaire Harbour Company);

- Ms Eithne Scott Lennon (Chair of Dún Laoghaire Harbour Company).

I am further informed that no fee or remuneration has ever been paid to any director of the Irish International Diaspora Centre Trust Ltd. in respect of their directorship.

Dún Laoghaire Harbour Company is in the process of winding up the Irish International Diaspora Centre Trust Ltd.

State Bodies

Questions (873)

Richard Boyd Barrett

Question:

873. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport if he will confirm if the International Diaspora Centre Trust has any employees; and if he will make a statement on the matter. [23218/15]

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Written answers

I am informed by Dún Laoghaire Harbour Company that the Irish International Diaspora Centre Trust Ltd. does not have any employees nor has it ever had any employees.

I am further informed by the Company that the Trust is in the process of being wound-up.

State Bodies

Questions (874, 899)

Richard Boyd Barrett

Question:

874. Deputy Richard Boyd Barrett asked the Minister for Transport; Tourism and Sport further to this Deputy's previous parliamentary questions regarding the outstanding expenses to be repaid by a former board member (details supplied) to Dún Laoghaire Harbour Company, and his reply that legal action has been initiated by the harbour company to recover this money, if he will provide the details of the date the plenary summons was served by the harbour company; if the plenary summons was lodged in the High Court; the case number issued by the Courts Service, as these documents are public documents if legal action has been initiated; and if he will make a statement on the matter. [23219/15]

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Richard Boyd Barrett

Question:

899. Deputy Richard Boyd Barrett asked the Minister for Transport; Tourism and Sport in view of the fact that it now appears that a board member (details supplied) of Dún Laoghaire Harbour Company claimed expenses to which that person was not entitled, if he will confirm if any proceedings have been initiated with regards to this; and if he will make a statement on the matter. [23627/15]

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Written answers

I propose to take Questions Nos. 874 and 899 together.

The payment of expense to directors is a matter for Dún Laoghaire Harbour Company in accordance with the Code of Practice for the Governance of State Bodies.  I understand that the Company has taken legal action to recover the amounts outstanding. As this matter is subject to legal proceedings instigated by the Company, it would be inappropriate for me to comment any further on it.

Question No. 875 answered with Question No. 869.

Haulage Industry Regulation

Questions (876)

Tom Fleming

Question:

876. Deputy Tom Fleming asked the Minister for Transport, Tourism and Sport if he will restructure commercial vehicle road tax in line with comparable costs in Northern Ireland, in order to save jobs in the haulage sector, as Irish hauliers pay €4,000 per annum per truck for a six-axle articulated vehicle, whereas in the North they pay £640 per truck, and an Irish haulage operator must also contribute £10 per day per vehicle to access Northern Ireland, on routes that previously had no charge prior to 1 April 2014; and if he will make a statement on the matter. [23222/15]

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Written answers

The UK HGV road user levy introduced on 1 April 2014 applies to all HGVs, both UK and foreign, using UK roads.  Under EU legislation it is not permissible to discriminate against non-national operators by charging them differently from national operators for use of the roads infrastructure.  This Government lobbied against the application of the charge to Northern Ireland, but the decision was a matter for the UK Minister for Transport.

My Department is currently chairing an Inter-Departmental Group on HGV user charges, which was established in January 2014 to consider the introduction of a 'pay-as-you-go' road tax system for HGVs.  The group has been examining the technical, regulatory and economic dimensions of introducing a HGV road user charge in Ireland. The work of the group expanded to include a full review of commercial motor tax, which has led to the group taking longer than anticipated to finalise its proposals.

The Group held a targeted stakeholder consultation in November 2014 which concluded in February 2015 and has held meetings with stakeholders, including representatives of the hauliers and their customers.

The report of the group is currently being finalised for submission to me and to the Ministers for Finance and for the Environment, Community and Local Government.  I expect to receive the report in the coming weeks.

Irish Airlines Superannuation Scheme

Questions (877)

Thomas P. Broughan

Question:

877. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport his plans to address the cuts to deferred Irish Airlines (General Employees) Superannuation Scheme pensions; and if he will make a statement on the matter. [17383/15]

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Written answers

Firstly, I must again make it clear that the IASS and its funding are primarily matters for the Trustees, the companies participating in the scheme, the scheme members and the Pensions Authority.  

The Expert Panel established last year was tasked to find the fairest way to distribute the burden of resolving the current deficit in the scheme.  As a result of that process, the total contribution proposed by the employers aimed at resolving the IASS difficulties amounted to over €260m.  This included almost €20m in extra funding proposed by the employers in addition to the €40m already made available for deferred members, bringing the full amount for this group to €60m. 

Prior to signing the Commencement Order in November last year and following requests on behalf of deferred members for additional funds to be made available by the employers, I contacted the employers who confirmed that the funding proposed was the maximum that could be achieved.  It should also be noted that there is no legal obligation on the employers to increase their contributions in the IASS.

The funding solution proposed by the IASS trustee was approved by the Pensions Authority and was implemented on 31 December 2014 with the freezing of the scheme and a reduction in pensions.  The IASS trustee made it clear to me that it considered that these measures were in the overall best interest of the members of the IASS as a whole and were fully compliant with National and EU law.  

The reason for the State having any role at all in this private scheme was to facilitate an outcome, which, although not ideal, was preferable than the alternatives, including the likelihood of a wind-up of the scheme.

I understand that the deferred members are particularly affected by the coordination of their pension with the State pension as they have left service.  However, while there may have been an expectation of uncoordinated pensions, the reality is that uncoordination was neither funded by the members nor the employers.  Only those members who have paid for uncoordination will maintain that under the current provisions.  There are no funds available to mitigate the loss of this element of the proposals.

I am very conscious of the difficulties these necessary changes cause for many scheme members, including the deferred members, and I want to emphasise that the decisions I have made with regard to IASS have been taken with the best interests of all members in mind.

National Car Test

Questions (878)

Denis Naughten

Question:

878. Deputy Denis Naughten asked the Minister for Transport, Tourism and Sport the steps he is taking to ensure that the national car test takes due regard of medical adaptions to vehicles; and if he will make a statement on the matter. [23250/15]

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Written answers

The Road Safety Authority has overall responsibility for the delivery and oversight of the National Car Test. I understand that procedures are in place to facilitate the testing of vehicles that have been subject to medical adaptations and I have referred this Question to the Authority for direct reply. I would ask the Deputy to contact my office if a response has not been received within 10 days.

Sports Funding

Questions (879)

Michael McCarthy

Question:

879. Deputy Michael McCarthy asked the Minister for Transport, Tourism and Sport the funding allocated to the development of basketball in the north east basketball league over the past ten years from Basketball Ireland funding; and if he will make a statement on the matter. [23252/15]

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Written answers

The allocation of funding for basketball is a matter for Basketball Ireland as the National Governing Body for the sport of basketball in Ireland.  I have referred this question to the Irish Sports Council and have asked them to forward it to Basketball Ireland for direct reply to the Deputy.

Ministerial Meetings

Questions (880)

Seán Kenny

Question:

880. Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport when he last met the chairperson and chief executive officer of the Dublin Airport Authority; the issues discussed; when he will next meet the chairperson and chief executive officer; and if he will make a statement on the matter. [23280/15]

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Written answers

While my last formal meeting with the Chairman and CEO of daa was in September, I have regular interactions with them on a range of matters relevant to the Company.  It is also my intention to meet with the Board of the daa over the summer.

Sports Funding

Questions (881)

Michael McCarthy

Question:

881. Deputy Michael McCarthy asked the Minister for Transport, Tourism and Sport the position regarding a grant in respect of an organisation (details supplied) in County Cork; when all funds will be advanced to this organisation; and if he will make a statement on the matter. [23303/15]

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Written answers

The club in question received an allocation of €21,000 under the 2014 Sports Capital Programme.  All allocations under the Sports Capital Programme are subject to the terms and conditions of the Programme, which include the execution of a Deed of Covenant and Deed of Charge for grants over a certain threshold or where cumulative grants to an organisation are above a certain threshold.  A Deed is an important part of the Minister's security and provides for the repayment of all or part of the grant in the event of the facility not continuing  to be used for the purpose for which the grant was allocated.  The Department's legal adviser, the Chief State Solicitor's Office (CSSO) deals with the grantee's solicitor in executing this Deed.

My officials contacted the CSSO and have been advised that the club's solicitor has not responded to their correspondence of 30th April 2015.  The CSSO are issuing a reminder to the club solicitor on 15th June 2015.

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