asked the Minister for Industry, Commerce and Energy if he is aware that the appeals system in the Bord na Móna Superannuation Scheme 1963, as amended, appears to be inoperative for five reasons, viz., (1) injured or disabled employees are prohibited from retiring on superannuation benefit, notwithstanding medical certification, unless the employer consents to the retirement, (2) there is no provision in the scheme, as approved, which appears to require the employer not to unreasonably withhold consent to retirement, (3) except by an expensive reference to the High Court or extensive industrial action which would affect supplies of energy, aggrieved employees do not appear to have any effective remedy against the employers' refusal to allow appeals to be considered by the superannuation committee, which body is part of the so-called system, (4) the trustees of the superannuation scheme, all of whom appear to be nominees of the employer and representative of the employer, appear to have been given the function of an arbitrator, (5) the aggrieved employee does not appear to have access to the arbitrator unless with the consent of the employer, and if he regards this to be a fair and reasonable appeals system.
Written Answers. - Bord na Móna Superannuation Scheme.
I am not so aware. The relevant provision of the Bord na Móna (Regular Works Employees) Superannuation Scheme 1963, as amendmed, specifies a number of matters in respect of which appeals can be made to the trustees. The Deputy's question however seems to relate to the issue of early retirement on grounds of ill health from the service of the board which comes into the area of the employment contract and is therefore a matter for the board. The superannuation scheme provides that the board, in deciding whether an injured or disabled employee should retire, should act on the advice of a medical practitioner. I have not received any proposals from Bord na Móna for the amendment of the appeals system.
389.
asked the Minister for Industry, Commerce and Energy in relation to the appeals system, under the Bord na Móna Superannuation Scheme 1963, as amended, (a) the name and position in Bord na Móna of each of the trustees of the superannuation scheme appointed since 1963, indicating the identity of the present trustees, (b) if any of the trustees are members of the superannuation committee or the board of directors, (c) the position in Bord na Móna held by each of the trustees, and (d) the number of pensioners and contributors in the superannuation scheme.
The Bord na Móna (Regular Works Employees) Superannuation Scheme 1963, as amended provides that the scheme be administered by a superannuation committee representative of the board and the members and that trustees be appointed by the board. Appeals against decisions of the superannuation committee are made to the trustees. My only function in the matter would arise under Regulation 44 (3) by which I am empowered to appoint an arbitrator where the trustees have failed to agree on a choice. I am not, therefore, in a position to supply the information requested by the Deputy.
390.
asked the Minister for Industry, Commerce and Energy the amounts of all the loans or advances accepted by Bord na Móna from 1 April 1977, the source of each, the rate of interest and the principal activities for which the advances were utilised.
Particulars of the capital structure of the board are given in the capital account of each year's annual account. The annual accounts as published are in the form which complies with statutory requirements and accords with modern accounting practice. I would not be justified in requiring Bord na Móna to furnish for publication accounts additional to those in the form approved by my predecessor after consultation with the Minister for Finance.