Tuesday, 8 Apr 2014

Written Answers Nos. 239-261

Ministerial Responsibilities

Ceisteanna (239)

Luke 'Ming' Flanagan

Ceist:

239. Deputy Luke 'Ming' Flanagan asked the Minister for Education and Skills if he will ensure that when a communication in relation to wrongdoing is received in his Department, the communication will be deemed to have come to his attention; if he will confirm that while he is not expected to personally exercise the function of dealing with wrongdoing, he is responsible for ensuring that the function is exercised; and if he will make a statement on the matter. [17102/14]

Freagraí scríofa

Minister for Education and Skills

I refer the Deputy to the provisions of the Protected Disclosures Bill, 2013 which is currently being considered by the Oireachtas. Under Section 8 of the Bill a disclosure can be made by any worker who is or was employed in a public body to a Minister of the Government on whom any function in relation to the public body is conferred or imposed any enactment. It is my understading that while, as is currently the case, the Minister is accountable to the Dáil in respect of the action taken in respect of any such disclosure, it is not proposed to adopt the approach set out in the Deputy's question in the Bill. As the Deputy's question implicitly acknowledges, it is of course not practicable for all communications to my Department that could potentially relate to any form of wrongdoing to come personally to my attention. However it is important that individuals who wish to highlight wrongdoing have a clear channel of communication to do so either to my office or officials in my Department. In this regard, under the Protected Disclosures Bill each public body is required to put in place internal procedures for dealing with disclosures and, in addition, the Labour Relations Commission is currently preparing a statutory code of practice in relation to this area.

Flood Relief Schemes Funding

Ceisteanna (240)

Noel Grealish

Ceist:

240. Deputy Noel Grealish asked the Minister for Public Expenditure and Reform when funding will be sanctioned for stage 2 of the flood alleviation measures and drainage works for the Claregalway, Lisheenavalla and Carnmore areas; and if he will make a statement on the matter. [16158/14]

Freagraí scríofa

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

The Office of Public Works, in association with Galway County Council, has developed a Flood Relief Scheme, under the Arterial Drainage Acts, for the Clare River in the environs of Claregalway, Lisheenavalla, and the Carnmore areas.

The Scheme has been approved by the Commissioners of Public Works and has been submitted to the Minister for Public Expenditure and Reform for Confirmation i.e. statutory approval, in accordance with the requirements of the Arterial Drainage Act 1945 as amended. In relation to funding, I can confirm my and the Government's commitment to proceed with this project and that provision has been made for the cost of this project in OPW's Multi-Annual Capital Budget Profiles for the period 2014-2017.

Sale of State Assets

Ceisteanna (241)

Billy Kelleher

Ceist:

241. Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform if he will provide an update on the programme for Government commitment on the roll-out of disposal of State assets in accordance with recommendations from the McCarthy report; if he will list the planned disposals and when tendering will begin; and if he will make a statement on the matter. [16436/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

The House will be aware from my announcement in February 2012 of the shape and scale of the State asset disposal programme that is being pursued by this Government.

In brief, the asset disposal programme then agreed by the Government consists of:

- The sale of Bord Gáis Éireann's energy business (but not including BGÉ's gas transmission or distribution systems or the two gas interconnectors, which will remain in State ownership);

- The sale of some of ESB's non-strategic power generation capacity;

- Disposal of the State's remaining shareholding in Aer Lingus, when market conditions are favourable in circumstances that accord with Government transport policy and at an acceptable price to Government;

- After further consideration, and having ruled out the sale of Coillte's land holdings, the Government also determined that a concession for the harvesting rights to Coillte forests would be proposed for sale.

I am pleased to report that significant progress has been made to-date in this area. On March 24th, Bord Gáis Éireann entered into a definitive agreement to sell the Bord Gáis Energy business to a consortium comprising Centrica plc, Brookfield Renewable Energy Partners LP and iCON Infrastructure on the basis of an enterprise value of €1.1bn.  It is currently expected that this transaction will be completed within Q2 2014. ESB announced in October 2012 that it would sell some of its non-strategic power generation assets on a phased basis, commencing in 2013.  In February 2013, ESB announced its intention to sell its 50% shareholding in each of its international tolling plants, Marchwood in the UK and Bizkaia Energia in the Basque Country, and in October it announced that it is to sell its two peat stations, West Offaly Power and Lough Ree Power.

ESB completed the disposal of its interest in Marchwood in November 2013 for a price that was in excess of expectations. Approximately €153m in dividends accrued to the Exchequer in January as a result. It is expected the sale of Bizkaia Enegia will complete shortly.

In relation to the two peat stations, ESB is proposing to prospective buyers an arrangement under which it will continue to operate and maintain the stations, with existing staff.  ESB has appointed financial, legal and vendor due diligence advisors for this transaction, and I am informed that the process is likely to conclude in 2014. In regard to Coillte, the Government decided last June that it was not the appropriate time to proceed with the proposed sale of Harvesting Rights but instead the focus should be on the restructuring of Coillte, overseen by NewERA and the relevant stakeholder Departments. Work is proceeding to give effect to this decision. An evaluation on how to give effect to a beneficial merger of Coillte and Bord na Móna in the context of the Programme for Government commitment to create a streamlined and refocused commercial state company in the bio-energy and forestry sectors is also currently being finalised.  Ryanair's 2012 bid for Aer Lingus, the subsequent investigations by the European Commission and the UK's Competition Commission and the court cases that Ryanair is currently taking, have complicated the planned disposal of the State's stake in the airline.  However, the Government remains open to the sale of this stake, when market conditions are favourable, at an acceptable price to the Government and, importantly, in circumstances that accord with Government transport policy.  Favourable conditions do not currently appear to exist for a sale of our Aer Lingus stake, and so the Government is currently focusing on managing its holding in a responsible manner in order to protect the State's interests and with the aim of maximising its value in the longer term.

Sick Pay Scheme Reform

Ceisteanna (242)

Tom Fleming

Ceist:

242. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will review the plan to reduce sick leave arrangements for physiatric nurses due to the stressful and demanding work being carried out by these nurses, which in many cases leads to early retirement; due to the hardship and extraordinary demands imposed on these nurses, any proposal to reduce the six month leave pay amount will ultimately force many of these nurses to prematurely return to a stressful work environment; and if he will make a statement on the matter. [15998/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

The new sick leave scheme, which I have introduced from 31 March 2014, is set out in the Public Service (Sick Leave) Regulations S.I. 124 of 2014 and applies to all public servants in all sectors of the public service, other than  the Permanent Defence Forces.  

The new sick leave scheme was introduced following the enactment of the Public Service Management (Recruitment and Appointments)(Amendment) Act 2013 by the Oireachtas to reduce the very high and unsustainable cost of sick leave in the public service. 

It is important to note that existing arrangements in place for occupational injuries or illness are not affected by the new scheme and so where an individual suffers from a confirmed occupational illness or injury they should be covered by the terms of that scheme rather than the sick leave scheme. 

In addition, in order to provide support for public service employees under the Critical Illness Protocol, put in place as part the new scheme, an employee continues to be entitled to 12 months of paid sick leave on the same basis as heretofore (i.e. 183 days on full pay in a rolling one year period, followed by 182 days on half pay subject to a maximum of 365 days in a rolling four year period) where an individual suffers a critical illness or serious physical injury. 

I believe that the reformed sick leave arrangements, with the provision for extended sick leave, represent a correct balance between the requirement to reduce the overall cost of sick leave while at the same time providing appropriate support to individuals who are ill.  Furthermore, my Department will in collaboration with other responsible departments monitor the implementation and effectiveness of the new sick leave scheme. 

Office of Public Works Properties

Ceisteanna (243)

Seán Fleming

Ceist:

243. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the number of former Garda stations that have been offered for sale on behalf of the Office of Public Works in 2013 and 2014; the stations where sales have been been agreed and the price achieved; the commission paid to agents as part of the sale process; and if he will make a statement on the matter. [16016/14]

Freagraí scríofa

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

No properties were offered for sale in 2013. On Thursday, 27th March 2014 seven former Garda Stations were sold by public auction as detailed below. There will be further properties offered for sale during 2014.

Former Garda Station - price Achieved

Mallow Road, Cork - €260,000

Baldwinstown, Wexford - €75,000

Cloone, Leitrim - €50,000

Grangemockler, Tipperary - €103,000

Inchigeela, Cork - €55,000

Newtowncashel, Longford - €50,000

Lettermore, Co. Galway - €80,000

The above properties were not sold on the basis of a commission but on an agreed fixed fee with the appointed agent.

Departmental Funding

Ceisteanna (244)

Seán Fleming

Ceist:

244. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the manner in which proceeds from the sale of former Garda stations will be deployed; and if he will make a statement on the matter. [16017/14]

Freagraí scríofa

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

The proceeds from the sale of former Garda stations will be paid over in full as an Extra Exchequer Receipt to the Department of Public Expenditure and Reform. As agreed with the Department 50% of proceeds will be retained by the Exchequer and 50% will be provided to the 2015 OPW capital programme.

Office of Public Works Properties

Ceisteanna (245)

Seán Fleming

Ceist:

245. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the former Garda stations that are in possession of the Office of Public Works; the date on which each of the stations was taken out of commission; and if he will make a statement on the matter. [16018/14]

Freagraí scríofa

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

The table lists the Garda stations which were deemed surplus to An Garda Síochána's requirements and the dates they were taken out of commission.

GARDA STATION CLOSURES

Garda Station	County	Open/ Closed	Current Usage
Leighlinbridge	Carlow	Closed 31/1/2013	An Garda Síochána – Garda residence occupied
Bawnboy	Cavan	Closed 31/1/2013	Future use of this property under consideration
Finea	Cavan	Closed 31/1/2013	Advertised for Disposal
Redhills	Cavan	Closed 10/11/2013	Future use of this property under consideration
Stradone	Cavan	Closed 31/1/2013	Assigned for other State use
Tullyvin	Cavan	Closed 31/3/2012	Advertised for Disposal
Broadford	Clare	Closed31/01/2013	Advertised for Disposal
Carrigaholt	Clare	Closed 30/03/12	An Garda Síochána – Garda residence occupied
Doonbeg	Clare	Closed31/01/2013	Future use of this property under consideration
Inagh	Clare	Closed 31/1/2013	Future use of this property under consideration
Killaloe	Clare	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
Kilmihill	Clare	Closed 31/1/2013	Future use of this property under consideration
Labasheeda	Clare	Closed31/01/2013	Advertised for Disposal
Lahinch	Clare	Closed 31/1/2013	An Garda Síochána – Garda residence occupied
Mountshannon	Clare	Closed 31/1/2013	An Garda Síochána – Garda residence occupied
Quin	Clare	Closed 31/1/2013	Future use of this property under consideration
Adrigole	Cork	Closed31/01/2013	Future use of this property under consideration
Ballinaspittle	Cork	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Ballyfeard	Cork	Closed 30/03/2012	An Garda Síochána – Garda residence occupied
Ballygurteen	Cork	Closed 30/03/2012	Future use of this property under consideration
Barrack Street	Cork	Closed 10/11/13	Assigned for other State use
Castletownshend	Cork	Closed 30/03/2012	Assigned to community
Glenville	Cork	Closed 30/03/2012	An Garda Síochána – Garda residence occupied
Goleen	Cork	Closed 30/03/2012	Future use of this property under consideration
Inchigeela	Cork	Closed 30/03/2012	SOLD
Knocknagree	Cork	Closed 30/03/2012	Future use of this property under consideration
Mallow Road	Cork	Closed 31/1/2013	SOLD
McCurtain Street	Cork	Closed 31/1/2013	Assigned for other State use
Meelin	Cork	Closed 31/1/2013	Advertised for Disposal
Rathduff	Cork	Closed 31/1/2013	Future use of this property under consideration
Anagary (Annagaire)	Donegal	Closed31/01/2013	Leased – will be surrendered
Bunbeg	Donegal	Closed. Not part of Garda Station closure programme 2012-2013	Assigned to community
Buncrana	Donegal	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
Churchill (Min an Labain)	Donegal	Closed31/01/2013	Future use of this property under consideration
Culdaff	Donegal	Closed 29/04/2012	An Garda Síochána – Garda residence occupied
Doochary	Donegal	Closed 30/03/2012	Future use of this property under consideration
Dunkineely	Donegal	Closed29/04/2012	An Garda Síochána – Garda residence occupied
Glencolumbkille	Donegal	Closed 30/03/2012	Future use of this property under consideration
Malin	Donegal	Closed 31/01/2013	Future use of this property under consideration
Na Brocacha / Cloghan	Donegal	Closed 31/1/2013	Advertised for Disposal
Dalkey	Dublin	Closed 30/06/2012	Future use of this property under consideration
Harcourt Terrace	Dublin	Closed. Not part of Garda Station closure programme 2012-2013	Assigned to community
Kill O The Grange	Dublin	Closed 29/04/2013	Future use of this property under consideration
Rush	Dublin	Closed 29/04/2012	Assigned to community
Stepaside	Dublin	Closed 14/03/2013	Future use of this property under consideration
Whitehall	Dublin	Closed 29/04/2012	Assigned for other State use
Ballymoe	Galway	Closed31/01/2013	Assigned to community
Corrandulla	Galway	Closed 29/04/2012	Future use of this property under consideration
Kilchreest	Galway	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Kilcolgan	Galway	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Kilconly	Galway	Closed31/01/2013	Future use of this property under consideration
Kiltullagh	Galway	Closed 31/1/2013	An Garda Síochána – Garda residence occupied
Leenane	Galway	Closed 31/1/2013	Future use of this property under consideration
Lettermore	Galway	Closed. Not part of Garda Station closure programme 2012-2013	SOLD
Menlough	Galway	Closed 31/1/2013	An Garda Síochána – Garda residence occupied
New Inn (Galway)	Galway	Closed 31/1/2013	Future use of this property under consideration
Shanaglish	Galway	Closed 31/1/2013	Future use of this property under consideration
Tynagh	Galway	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Abbeydorney	Kerry	Closed31/01/2013	Assigned for other State use
An Clochan (Cloghane)	Kerry	Closed 30/03/2012	An Garda Síochána – Garda residence occupied
Ballinaskelligs	Kerry	Closed31/01/2013	Assigned to community
Ballylongford	Kerry	Closed 30/03/2012	Future use of this property under consideration
Beaufort	Kerry	Closed31/01/2013	Assigned to community
Brosna	Kerry	Closed31/01/2013	Future use of this property under consideration
Camp	Kerry	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Castleisland	Kerry	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
Fenit	Kerry	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Kilgarvan	Kerry	Closed31/01/2013	Assigned to community
Lauragh	Kerry	Closed 31/1/2013	Leased – will be surrendered
Moyvane	Kerry	Closed 30/03/2012	Future use of this property under consideration
Valentia Island	Kerry	Closed31/01/2013	Assigned for other State use
Ballymore-Eustace	Kildare	Closed31/01/2013	Leased – will be surrendered
Ballytore	Kildare	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Kill	Kildare	Closed31/01/2013	Assigned for other State use
Ballyragget	Kilkenny	Closed 30/03/2012	Future use of this property under consideration
Castlecomer	Kilkenny	Closed. Not part of Garda Station closure programme 2012-2013	Assigned for other State use
Inistioge	Kilkenny	Closed31/01/2013	Future use of this property under consideration
Johnstown	Kilkenny	Closed31/01/2013	Future use of this property under consideration
Ballacolla	Laois	Closed31/01/2013	Future use of this property under consideration
Ballinakill	Laois	Closed31/01/2013	Future use of this property under consideration
Borris-in-Ossory	Laois	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
Cloone	Leitrim	Closed31/01/2013	SOLD
Dromahair	Leitrim	Closed31/01/2013	Assigned to community
Dromod	Leitrim	Closed31/01/2013	Future use of this property under consideration
Drumkeeran	Leitrim	Closed29/04/2012	Advertised for Disposal
Glenfarne	Leitrim	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Keshcarrigan	Leitrim	Closed31/01/2013	Future use of this property under consideration
Kiltyclogher	Leitrim	Closed 30/03/2012	Advertised for Disposal
Castletown Conyers	Limerick	Closed31/01/2013	Future use of this property under consideration
Doon	Limerick	Closed30/03/2012	Advertised for Disposal
Edward Street	Limerick	Closed. Not part of Garda Station closure programme 2012-2013	Assigned for other State use
Galbally	Limerick	Closed 31/1/2013	An Garda Síochána – Garda residence occupied
Kilfinnane (SITE)	Limerick	Closed31/01/2013	Future use of this property under consideration
Kilfinnane GS	Limerick	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
Kilmeedy	Limerick	Closed31/01/2013	Assigned for other State and community use
Mary Street	Limerick	Closed 10/11/2013	Assigned for other State use
Mayorstone Park	Limerick	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
Shanagolden	Limerick	Closed 30/03/2012	Future use of this property under consideration
Tournafolla	Limerick	Closed31/01/2013	Advertised for Disposal
Ardagh	Longford	Closed31/01/2013	Advertised for Disposal
Ballinalee	Longford	Closed31/01/2013	Future use of this property under consideration
Newtowncashel	Longford	Closed31/01/2013	SOLD
Ballina	Mayo	Closed.  This was not closed under the Garda Station closure programme.	Future use of this property under consideration
Ballycastle	Mayo	Closed31/01/2013	Assigned to community
Ballyglass	Mayo	Closed31/01/2013	Future use of this property under consideration
Ballyvary (SITE)	Mayo	Closed31/01/2013	Advertised for Disposal
Bellacorrick	Mayo	Closed 30/03/2012	Future use of this property under consideration
Blacksod	Mayo	Closed31/01/2013	Future use of this property under consideration
Glenisland	Mayo	Closed 30/03/2012	Future use of this property under consideration
Hollymount	Mayo	Closed31/01/2013	Future use of this property under consideration
Lahardane	Mayo	Closed31/01/2013	Advertised for Disposal
Mulranny	Mayo	Closed 30/03/2012	Assigned to community
Tourmakeady	Mayo	Closed 30/03/2012	Assigned to community
Crossakiel	Meath	Closed31/01/2013	Advertised for Disposal
Kilmessan	Meath	Closed 31/1/2013	Advertised for Disposal
Longwood	Meath	Closed. Not part of Garda Station closure programme 2012-2013	Advertised for Disposal
Clontibret	Monaghan	Closed30/03/2012	Future use of this property under consideration
Corrinshigagh	Monaghan	Closed31/01/2013	Future use of this property under consideration
Newbliss	Monaghan	Closed 31/1/2013	Future use of this property under consideration
Scottstown (SITE)	Monaghan	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
Smithborough	Monaghan	Closed 30/03/2012	Future use of this property under consideration
Geashill	Offaly	Closed30/03/2012	Future use of this property under consideration
Shannonbridge	Offaly	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Ballintubber	Roscommon	Closed31/01/2013	Advertised for Disposal
Ballyfarnon	Roscommon	Closed31/01/2013	Future use of this property under consideration
Ballyforan	Roscommon	Closed31/01/2013	Advertised for Disposal
Cootehall	Roscommon	Closed30/03/2012	Assigned to community
Knockcroghery	Roscommon	Closed31/01/2013	Advertised for Disposal
Loughglynn	Roscommon	Closed29/04/2012	Assigned for other State use
Tarmonbarry	Roscommon	Closed29/04/2012	Future use of this property under consideration
Aclare	Sligo	Closed31/01/2013	Advertised for Disposal
Ballymote	Sligo	Closed 30/3/2012	Assigned to community
Cliffoney	Sligo	Closed31/01/2013	Assigned to community
Easkey	Sligo	Closed31/01/2013	Future use of this property under consideration
Ballinderry	Tipperary	Closed 30/03/2012	Future use of this property under consideration
Ballinure	Tipperary	Closed 30/03/2012	Advertised for Disposal
Dundrum	Tipperary	Closed31/01/2013	Advertised for Disposal
Grangemockler	Tipperary	Closed31/01/2013	SOLD
Lorrha	Tipperary	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
New Inn	Tipperary	Closed 31/1/2013	Advertised for Disposal
Ballyduff	Waterford	Closed31/01/2013	Future use of this property under consideration
Dunmore East	Waterford	Closed. Not part of Garda Station closure programme 2012-2013	Future use of this property under consideration
Ballinahowen	Westmeath	Closed31/01/2013	Future use of this property under consideration
Ballymore	Westmeath	Closed. Not part of Garda Station closure programme 2012-2013	Advertised for Disposal
Castletown Geoghegan	Westmeath	Closed31/01/2013	An Garda Síochána – Garda residence occupied
Rathowen	Westmeath	Closed 31/1/2013	Future use of this property under consideration
Baldwinstown	Wexford	Closed 30/03/2012	SOLD
Ballywilliam	Wexford	Closed 30/03/2012	Future use of this property under consideration
Kiltealy	Wexford	Closed 31/1/2013	Advertised for Disposal
Donard	Wicklow	Closed31/01/2013	Future use of this property under consideration
Hollywood	Wicklow	Closed31/01/2013	Future use of this property under consideration

Motor Tax Exemptions

Ceisteanna (246, 247)

Seán Fleming

Ceist:

246. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the number of motor vehicles in the possession of his Department or agencies of his Department that are not required to hold motor tax; and if he will make a statement on the matter. [16033/14]

Seán Fleming

Ceist:

247. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the number of motor vehicles in the possession of his Department or agencies of his Department that do not hold an insurance policy; the manner in which insurance claims arising in respect of vehicles in the possession of his Department or its agencies are handled; the amount of insurance claims paid on behalf of his Department in each of the past five years; and if he will make a statement on the matter. [16049/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

I propose to take Questions Nos. 246 and 247 together.

In response the Deputy's question, with the exception of the Office of Public Works, I can confirm that there are no motor vehicles in the possession of my Department, or any agencies under the aegis of my Department.

As the material requested was not available from the Office of Public Works at the time of answer the Office of Public Works will supply the required material directly to the Deputy.

Pension Provisions

Ceisteanna (248)

Seán Ó Fearghaíl

Ceist:

248. Deputy Seán Ó Fearghaíl asked the Minister for Public Expenditure and Reform if he will provide the payment details requested in correspondence (details supplied); and if he will make a statement on the matter. [16080/14]

Freagraí scríofa

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

The table contains the original pension amounts payable to former Officeholders prior to the application of the Public Service Pension Reduction (PSPR) which reduced pensions in payment with effect from 1st January 2011, together with the current amounts payable from 1st September 2013 following the application of 'aggregation' for PSPR purposes which applies to individuals who have more than one public service pension, as provided for under the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. 

I understand the information in relation to the Oireachtas pensions of the individuals concerned, which are paid separately, will be provided to you by Houses of the Oireachtas Commission.

I would like to advise that, in certain cases, the pension amounts shown do not reflect the actual amount of pension in payment where an individual is 'gifting' all or part of their pension to the State, or where a pension is subject to certain provisions of the Family Law Acts.  It is the policy of my Department not to release personal information of that nature. 

Name	Original Pension - (€) - p.a.	Current Pension - (€) - p.a.
BERTIE AHERN	111,235.20	81,140.43
BRIAN COWEN	111,235.20	81,088.25
ALBERT REYNOLDS	109,733.52	80,006.61
JOHN BRUTON	100,371.23	73,159.32
MARY HARNEY	87,080.40	63,696.31
MICHAEL MCDOWELL	80,728.40	65,181.27
LIAM MAC COSGAIR	78,426.40	47,462.34
DICK SPRING	77,196.77	56,579.71
DERMOT AHERN	75,003.00	54,757.98
NOEL DEMPSEY	75,003.00	49,194.96
JOHN O'DONOGHUE	75,003.00	55,000.87
S TREACY	75,003.00	55,000.87
JOE WALSH	75,003.00	55,000.87
MICHAEL SMITH	75,003.00	55,000.87
MICHAEL WOODS	75,003.00	53,917.90
MARTIN CULLEN	75,003.00	55,000.87
CHARLES JOHN MC CREEVY	75,003.00	55,000.87
MICHAEL L O KENNEDY	74,565.48	53,451.42
RORY O'HANLON	72,502.90	53,201.00
MARY O'ROURKE	72,502.90	52,891.84
ROBERT MOLLOY	68,752.75	50,500.69
SEAMUS PATTISON	68,748.50	49,410.60
MARY HANAFIN	67,297.21	49,452.14
FRANK FAHEY	66,252.65	43,593.58
PETER BARRY	65,310.30	65,310.30
MAIRE GEOGHEGAN-QUINN	64,502.58	49,678.65
DAVID ANDREWS	62,790.01	46,207.14
RAY BURKE	57,652.31	42,508.26
SILE DE VALERA	57,442.42	42,357.33
DESMOND O MALLEY	56,252.25	56,252.25
PATRICK COONEY	56,252.25	41,500.32
GERARD COLLINS	56,252.25	35,904.17
PATRICK LALOR	54,702.19	40,384.13
PADRAIG FLYNN	51,102.04	33,406.98
JIM MC DAID	50,584.22	50,584.22
BRENDAN DALY	46,264.35	46,264.35
ALAN DUKES	45,626.83	45,626.83
RAY MAC SHARRY	41,276.65	41,276.65
PADDY O TOOLE	40,926.64	27,658.67
LIAM KAVANAGH	40,251.61	40,251.61
MICHAEL D HIGGINS	39,901.60	37,033.34
M TAYLOR	39,901.60	39,901.60
BATT O'KEEFFE	39,016.97	39,016.97
BARRY DESMOND	38,515.04	38,515.04
RICHIE RYAN	37,826.51	37,826.51
TOM O DONNELL	37,826.51	37,826.51
NIAMH BHREATHNACH	37,501.50	33,528.62
AUSTIN DEASY	37,451.50	37,451.50
GEMMA HUSSEY	37,451.50	34,877.27
JOHN GORMLEY	35,087.02	35,087.02
RICHARD BURKE	34,876.40	28,621.23
NOEL TREACY	33,820.38	33,820.38
TOM KITT	32,729.40	32,729.40
MARTIN O DONOGHUE	31,338.75	31,338.75
JOE JACOB	30,495.13	30,495.13
NORA OWEN	28,351.13	28,351.13
IVAN YATES	28,340.17	28,340.17
PROINSIAS DE ROSSA	28,340.17	28,340.17
MARY WALLACE	27,468.78	27,468.78
TONY KILLEEN	26,160.99	26,160.99
GER CONNOLLY	25,670.76	25,670.76
SEAN CALLEARY	24,247.03	24,247.03
TRAS HONAN	23,755.69	23,755.69
PAT CAREY	23,720.34	23,720.34
NOEL AHERN	23,187.06	23,187.06
BRIAN MULLOOLY	22,549.33	22,549.33
EAMON RYAN	21,501.31	18,413.38
DAN WALLACE	21,371.26	21,371.26
VINCENT BRADY	21,273.21	21,273.21
NOEL DAVERN	20,745.52	20,745.52
PAT THE COPE GALLAGHER	20,251.32	20,251.32
JIM O KEEFFE	19,986.75	19,986.75
FERGUS O BRIEN	19,986.75	19,986.75
DONNACHA Ó LIATHÁIN	19,981.30	19,981.30
LIZ O'DONNELL	19,232.94	19,232.94
LIAM T COSGRAVE	19,199.60	19,199.60
TIM O'MALLEY	19,073.47	18,649.00
TOM PARLON	19,073.47	18,649.00
TOM MOFFATT	18,867.95	18,867.95
HUGH BYRNE	18,867.95	18,867.95
EDWARD COLLINS	18,732.13	18,732.13
JACKIE FAHY	18,464.84	18,464.84
PAUL CONNAUGHTON	18,099.36	18,099.36
GEORGE BIRMINGHAM	18,099.36	18,099.36
JOHN RYAN	17,744.79	17,744.79
C FLOOD	17,706.61	17,706.61
THOMAS HUSSEY	17,433.86	17,433.86
EITHNE FITZGERALD	17,362.95	17,041.27
BRIAN O'SHEA	17,357.49	17,357.49
RORY KIELY	17,252.74	17,252.74
DONAL CREED	17,182.94	17,182.94
M D'ARCY	17,182.94	17,182.94
SEAN HAUGHEY	16,992.39	16,992.39
CONOR LENIHAN	15,690.28	15,468.78
NED O'KEEFFE	15,326.03	15,326.03
AVRIL DOYLE	14,967.35	14,967.35
IVOR CALLELY	14,929.99	14,929.99
T O'SULLIVAN	14,886.42	14,886.42
JOHN CURRAN	14,808.12	14,808.12
PAT MOYLAN	14,034.30	14,034.30
MARTIN MANSERGH	13,159.01	13,159.01
MICHAEL FINNERAN	13,159.01	13,159.01
TREVOR SARGENT	12,777.92	12,731.22
AUSTIN CURRIE	12,333.53	12,333.53
LIZ MCMANUS	12,329.57	12,329.57
BERNARD ALLEN	12,329.55	12,329.55
DONAL CAREY	12,049.87	12,049.87
SEAN MC CARTHY	11,843.84	11,843.84
LIAM HYLAND	11,837.13	11,837.13
CHARLES MC DONALD	11,810.85	11,810.85
LORCAN ALLEN	11,684.40	11,684.40
DONIE CASSIDY	11,505.91	11,505.91
THOMAS FITZPATRICK	10,991.31	10,991.31
LIAM AYLWARD	10,258.74	10,258.74
JOHN DONNELLON	9,049.68	9,049.68
SEÁN POWER	8,739.77	8,564.97
JIM HIGGINS	5,973.12	5,973.12
EOIN RYAN	5,929.48	5,929.48
GAY MITCHELL	4,627.12	4,627.12

Costais Aistriúcháin

Ceisteanna (249)

Éamon Ó Cuív

Ceist:

249. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Caiteachais Phoiblí agus Athchóirithe cén méid airgid a caitheadh in 2013 ar aistriú doiciméad ó Bhéarla go Gaeilge nó ó Ghaeilge go Béarla, agus ó theangacha eile go Béarla agus ó Bhéarla go teangacha eile, faoi seach; cad ba chaiteachas iomlán riaracháin na Roinne sa bhliain 2013; agus an ndéanfaidh sé ráiteas ina thaobh. [16141/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

Mar fhreagra ar cheisteanna an Teachta, seo a leanas na costais a bhí ag mo Roinn maidir le haistriúcháin in 2013: 

 

Costais maidir le hAistriúcháin 2013	-	-
Roinn / Oifig	Teanga	Costas
An Roinn Caiteachais Phoiblí agus Athchóirithe	Gaeilge	€4,690.45
Oifig na n-Oibreacha Poiblí	Gaeilge	€15,485.00
Iomlán		€20,175.45

Pension Provisions

Ceisteanna (250)

Éamon Ó Cuív

Ceist:

250. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the reason persons working in the public service who will be entitled to a State pension at 66 are not allowed remain working until they are 66 years of age, as the present arrangements mean that they are pensioned off compulsorily at 65 years before they are entitled to a State pension; and if he will make a statement on the matter. [16145/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

The specific compulsory retirement age and minimum pension age provisions which affect an individual public servant will reflect his or her particular employment sector and time of original recruitment.

Under recent Department of Social Protection legislation, the State Pension age is due to increase gradually over the period ahead, reaching 68 years in 2028. This process began on 1 January 2014 with the standardising of State Pension age for all persons at 66 years and the cessation of the State Pension (Transition), which had previously been payable at 65 years.

Public servants who must retire at age 65 can of course draw their public service pension at age 65. The State Pension changes have no impact on such persons where they are in the modified social insurance category.  Where alternatively they are in the full social insurance category their public service pensions (and contributions) are, as with many occupational schemes, integrated (or co-ordinated) with social welfare benefits. This means the occupational pension paid is based on the assumption that the pensioner also receives the State Pension. 

However the State Pension is, since 1 Janaury 2014, only payable from age 66 years.  In the case of retirements of fully insured public servants at age 65, a discretionary supplementary pension may be payable under the rules of the public service scheme to bridge the gap until State Pension commencement at age 66 years. This supplementary pension is only payable where the individual, through no fault of his own or her own, does not qualify for social welfare benefit or qualifies at less than the maximum personal rate. It is therefore necessary to claim any available social welfare benefits in order to receive a supplementary pension. This situation is not new and already applies to public servants with a retirement age below 65 years.

I therefore have no proposals to amend the current compulsory retirement age provisions of public servants.

Freedom of Information Legislation

Ceisteanna (251)

Éamon Ó Cuív

Ceist:

251. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if any review is being carried out on the freedom of information legislation; the main purpose of this review; and if he will make a statement on the matter. [16392/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Freedom of Information Bill 2013 which passed Committee Stage in the Dail last November and is awaiting Report Stage reflects the outcome of a detailed and comprehensive review of Ireland's FOI legislation.  In overall terms the Bill comprises a substantial updating and modernisation of FOI legislation based on international best practice, it extends FOI to all public bodies, consolidates FOI law into a single Bill as well as restoring the main amendments to FOI introduced in 2003 which in significant respects restricted and curtailed the scope of Ireland's FOI regime.  The Deputy may wish to note, in particular, the following features of the new legislation. 

- The Bill reverses the very wide definition of Government introduced in the 2003 amending legislation

- The strict definition of what constitutes a Cabinet record is also restored.  Communications between members of Government will no longer be exempt from FOI.

- The ten-year prohibition on the release of Cabinet records is being restored to the original five years one of the most liberal provisions on access to Cabinet records internationally

- The mandatory power to refuse an FOI request relating to Government records or records to be submitted to Government introduced in 2003, is removed.

- The power for Secretaries General of Government Departments to certify the existence of a deliberative process with no scope for appeal is being repealed, and the public interest test applying to records relating to the deliberative process is restored.

- The reform of the legislation provides for some liberalisation of the mandatory class exemption put in place in 2003 in relation to diplomatic communications and defence matters. Significant protections for highly sensitive and secret information will be maintained.

- Where a commercial state body provides a service under a contract to a public body subject to FOI, the records relating to that service will now be subject to FOI.

- The Bill extends FOI to all public bodies as a default a reversal of the current position that a public body is included only if it is explicitly scheduled under the Bill.  This will result in a number of long-established high profile exclusions from FOI being brought under the scope of the legislation.

- A key new initiative included in the Bill requires public bodies to prepare and furnish publication schemes consistent with international best practice in this area to promote the proactive publication of information outside of FOI.

- These publication schemes will set out the nature of the information an organisation publishes on its website, which will include extensive information on its nature, role, responsibilities and activities.

- Publication schemes are intended to lead to a proactive disclosure of significantly more information and in a more accessible form than was previously provided under the so-called section 15 and section 16 manuals.

- The publication schemes will also provide for publication of FOI Disclosure logs which will provide information in relation to non-personal FOI requests received by the body. The idea is that as much information as possible will be made available outside of FOI.

- The Bill also allows FOI to apply to non-public bodies that are in receipt of significant funding by the Exchequer by way of Ministerial Order.  This is expected to result in a sea-change in the potential enhanced accountability of such bodies.

- The Bill includes a number of key principles to guide public bodies in the performance of their functions under the Act including the need to achieve greater openness, strengthen accountability and decision making and facilitate more effective participation by the public in consultations relating to the role, responsibilities and performance of FOI bodies.

- It contains important extensions of the functions/powers of the Information Commissioner.

- It also introduces a new penalty for a person convicted of the deliberate altering or destruction of records which are the subject of an FOI request.

- There are new provisions to ensure that FOI requests relating to information held electronically are dealt with effectively.

- A very significant measure included in the Bill confirms that there is a general right of access to records held by public bodies and in applying exemptions, the right of access should only be set aside where the exemptions very clearly support a refusal of access.

The FOI Bill will, therefore, once it is enacted by the Oireachtas very significantly strengthen the legal framework for FOI in Ireland. 

In tandem with the development of the FOI Bill, a review of the implementation of the FOI Acts was assisted and informed by the assessment of two expert groups; one of which comprised FOI users, academics and transparency advocates and the other comprising representatives of public bodies.  The purpose of the review was to consider the current implementation of the Act with a view to developing a Code of Practice to address existing challenges in implementing FOI; to strengthen the framework and organisational arrangements for FOI in public bodies;  to better support the implementation of FOI; to achieve greater consistency and uniformity of approach by public bodies in their processing FOI requests than is currently evidenced; to minimise the administrative burden as well as to better co-ordinate, deepen and widen the expertise and capacity of public bodies in FOI.

The deliberations of the review groups have been completed and a draft Code has been prepared.  It is my intention to bring the draft Code to Government for approval shortly following which the draft Code will be published for consultation prior to finalisation on enactment of the FOI Bill.

Public Sector Pensions

Ceisteanna (252)

Brendan Griffin

Ceist:

252. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if public sector workers will be permitted to opt out of pension contributions to pursue their own pension plans; the reason such workers are compelled to make pension contributions; and if he will make a statement on the matter. [16547/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

As a long-standing condition of employment, public servants are usually required to be members of the relevant pension scheme operating in their particular employment, for example the civil service scheme, the local government scheme or the new Single Public Service Pension Scheme. In general, membership of an occupational public service pension scheme is a valuable feature of the overall remuneration package offered by public service employers, and is consistent with the need to ensure the adequate coverage and sustainability of pension provision across the wider working population. Accordingly, I have no plans to allow public servants to opt out of their occupational pension schemes.

It should of course be noted that pensionable public servants, subject to Revenue and any other relevant regulatory constraints, may be able to augment their retirement income by way of AVC or PRSA arrangement, entered into at full cost to themselves with a pension provider.

Parliamentary Questions Costs

Ceisteanna (253)

Joan Collins

Ceist:

253. Deputy Joan Collins asked the Minister for Public Expenditure and Reform the costs to his Department to process and respond to a priority, oral and written parliamentary question. [16596/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

The processing of individual Parliamentary Questions is undertaken as part of the normal day to day work of individual sections within Departments and no staff in my Department are assigned full time to dealing with Parliamentary Questions. 

Parliamentary Questions are dealt with, as the need arises, by the staff in the sections dealing with the particular issue(s) raised in individual Parliamentary Questions.   The number and level of staff and the time spent on an individual answer depends on the complexity and importance of the issue raised the form in which the information exists in the Department and the form of the proposed response, i.e. whether oral or written.

The cost of answering a Parliamentary Question and indeed the time taken to answer all questions will vary considerably according to the nature of the question asked. This would inevitably result in significant differences in the costs among and across Departments.  

My Department recently reviewed procedures and has greatly improved the administration and time involved in responding to Parliamentary Questions with the introduction of an e-PQ System.   Since the establishment of my own Department in 2011, and to date in 2014,  I have responded to 5,078 Parliamentary Questions. 

Public Sector Staff Recruitment

Ceisteanna (254)

Willie Penrose

Ceist:

254. Deputy Willie Penrose asked the Minister for Public Expenditure and Reform in the context of the recent competition by the Public Appointments Commission for temporary clerical officers, when it is likely that appointments will be made therefrom of applicants who have satisfied the appropriate psychometric tests and are placed on the list at the upper end; if priority will be given to qualifying applicants who are unemployed; and if he will make a statement on the matter. [16724/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

I am informed by the Public Appointments Service (PAS) that appointments from the Temporary Clerical Officer 2014 campaign are likely to be ongoing over the course of the year. Vacancies are filled as requests are received. The number of candidates invited to interview will be determined by the number of vacancies notified.

It is envisaged that interviews will commence in mid-April to fill anticipated vacancies and will continue thereafter as the need arises. The PAS operates under the Commission for Public Service Appointments (CPSA) Code of Practice which commits PAS to conducting recruitment processes which are fair, open and merit based. Consequently, PAS does not and could not under the CPSA Code group candidates or treat them differently on account of their employment status.

Public Sector Staff Remuneration

Ceisteanna (255)

Micheál Martin

Ceist:

255. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if pay rises were discussed at his last meeting with the social partners; and if he will make a statement on the matter. [10349/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

Public Service pay policy as negotiated and agreed in June 2013 under the terms of the Haddington Road Agreement provided for a reduction of €1bn in the public service paybill up to 2016 through pay reductions and productivity increases.   The Agreement, which applies for a period of three years from July 2013, sets out the measures to be implemented in order to generate the required savings.  The Agreement, as negotiated and agreed by the parties, does not provide for pay increases and the issue has not featured in any discussions or meetings by me with any parties to that Agreement.

Ministerial Responsibilities

Ceisteanna (256)

Luke 'Ming' Flanagan

Ceist:

256. Deputy Luke 'Ming' Flanagan asked the Minister for Public Expenditure and Reform if he will ensure that when a communication in relation to wrongdoing is received in his Department, the communication will be deemed to have come to his attention; if he will confirm that, while he is not expected to personally exercise the function of dealing with wrongdoing, he is responsible for ensuring that the function is exercised; and if he will make a statement on the matter. [17109/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Programme for Government contains a number of commitments specifically dealing with formal accountability relationships between Ministers and their Departments.  On 9 January 2014 I published a consultation paper Strengthening Civil Service Accountability and Performance www.per.gov.ie/civil-service-accountability-consultation-process which reviews in detail the broad range of issues to be considered in implementing the Programme for Government commitment.  These matters include, for example, the operation of the Carltona doctrine to which the Deputy's question relates under which powers vested in a Minister can be exercised by responsible officials on behalf of the Minister without any express act of delegation. 

I also have established an Independent Panel on Accountability to manage and oversee the consultation process, review submissions received, and develop recommendations for the consideration of the Minister for Public Expenditure and Reform.  The members of the Independent Panel include Professor Kevin Rafter, DCU (Chairperson), Mr. Michael Howard, recently retired Secretary General, Department of Defence, and Ms. Dorothea Dowling, Chair, Personal Injuries Assessment Board.

The Deputy's question is also connected to the provisions of the Protected Disclosures Bill, 2013 which is currently being considered by the Oireachas.  Under Section 8 of the Bill a disclosure can be made by any worker who is or was employed in a public body to a Minister of the Government on whom any function in relation to the public  body is conferred or imposed any enactment.  While, as is currently the case, the Minister is accountable to the Dail in respect of the action taken in respect of any such disclosure, it is not, however, proposed to adopt the approach set out in the Deputy's question in the Bill. 

As the Deputy's question implicitly acknowledges, it is of course not practicable for all communications to my Department that could potentially relate to any form of wrongdoing to come personally to my attention.  However it is important that individuals who wish to highlight wrongdoing have a clear channel of communication to do so either to my office or officials in my Department.  In this regard, under the Protected Disclosures Bill each public body is required to put in place internal procedures for dealing with disclosures and, in addition, at my request, the Labour Relations Commission is currently preparing a statutory code of practice in relation to this area.

Small and Medium Enterprises Supports

Ceisteanna (257)

Pearse Doherty

Ceist:

257. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation his plans to increase financial flexibility for business in Border areas. [15967/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

My colleague the Minister for Finance has direct responsibility for banking issues. However, both the Minister for Small Business and I, have met with the banks on the issue of lending and supports available for SMEs in Ireland. In addition, officials from this Department are on the SME Funding Consultation Committee, with representatives of the banks and relevant government organisations. Through these engagements we continue to bring the needs of business to the attention of the banks and to press the importance of this sector to the economy.

In order to deal with specific market failures my Department introduced two targeted schemes in 2012 to support an additional flow of credit into the economy, namely the Microenterprise Loan Fund Scheme and the SME Credit Guarantee Scheme (CGS) to positively impact on job creation, retention and sustainability.

The Microenterprise Loan Fund Scheme improves access to credit for microenterprises and facilitates the growth and expansion of viable businesses with less than 10 employees from all industry sectors across the country, which have been refused access to credit from the banks. Support is in the form of loans for up to €25,000, available to start-up, newly established, or growing microenterprises, with viable business propositions, that do not meet the conventional risk criteria applied by banks. I will commence a review of this Scheme in Q2 2014.

The CGS supports SMEs who, because of lack of collateral or because of an inadequacy of understanding of the novelty of a business model, market, sector or technology, face difficulties in accessing traditional bank credit. Commercially viable, well performing micro, small and medium enterprises that have a solid business plan and a defined market for their products or services, and can demonstrate their ability to repay the loan are the target of this scheme.

I have undertaken a review of the CGS and will ensure that appropriate changes are made to it in 2014 under the Action Plan for Jobs, with a view to enhancing the up-take and impact of the Scheme as soon as possible.

The Action Plan for Jobs 2014 sets out a range of commitments with regard to access to finance, including a commitment to develop new sources of finance for SMEs. The Action Plan for Jobs commitments apply to the whole country and no special arrangements in this regard are being made for border areas.

These new sources include crowdfunding, peer to peer lending, supply chain finance, retail minibonds and working capital for exporters. Along with supporting the more traditional models of financing, this would support the need for a broad and diversified range of financing mechanisms. This is in recognition of the need for a mix of instruments to address the various types of business operating in Ireland and also the various growth phases of a business. The Action Plan for Jobs 2014 is building on the work undertaken in 2013 in this area.

Company Law

Ceisteanna (258)

Peter Mathews

Ceist:

258. Deputy Peter Mathews asked the Minister for Jobs, Enterprise and Innovation his plans to amend the Companies Bill 2014 to include (details supplied) in respect of accounts for small businesses; and if he will make a statement on the matter. [16007/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Section 359 (as initiated) of the Companies Bill 2012 sets out the main conditions that must be complied with in order for a company to be able to avail itself of an exemption from having its statutory financial statements audited. These requirements come from existing law and are set out in S.32 of the Companies (Amendment) (No 2) Act 1990. It states that the audit exemption applies to a company for a particular financial year if the directors make a decision that the company should avail of it, and that decision is recorded in the minutes of the meeting. Furthermore the directors must be of the opinion that the company will satisfy the size conditions set out in S.359 (6) of the Companies Bill 2012 in respect of that particular year, and (unless the particular year in question is the first financial year) the company also satisfies the conditions in respect of the preceding financial year.

I have no plans to introduce an amendment to the Companies Bill along the lines referred to by the Deputy.

Motor Tax Exemptions

Ceisteanna (259)

Seán Fleming

Ceist:

259. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of motor vehicles in the possession of his Department or agencies of his Department that are not required to hold motor tax; and if he will make a statement on the matter. [16031/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Neither my Department nor the Offices of my Department are in possession of any motor vehicles that are not required to hold motor tax. I have asked the Agencies of my Department to respond directly to me on this matter and I will write to the Deputy with the details, if any, in due course.

Departmental Transport

Ceisteanna (260)

Seán Fleming

Ceist:

260. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of motor vehicles in the possession of his Department or agencies of his Department that do not hold an insurance policy; the manner in which insurance claims arising in respect of vehicles in the possession of his Department or its agencies are handled; the amount of insurance claims paid on behalf of his Department in each of the past five years; and if he will make a statement on the matter. [16047/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Neither my Department nor the Offices of my Department are in possession of any motor vehicles.

No insurance claims in relation to motor vehicles have been paid on behalf of my Department over the past five years. Any personal injury or third party property damage claims made against my Department are managed by the State Claims Agency (SCA).

Public Financial Procedures, Department of Finance, 2008 defines indemnities as “agreements to compensate bodies or individuals for loss or damage arising” and states that: “The general rule is that no insurance should be effected against the risk of any loss which, if it arose, would fall wholly and directly on public funds. This is based on the understanding that the risks for which the Government is liable are innumerable and widely distributed, and that losses maturing in any one year are never so large as to materially disturb the financial position of the year, so that it is cheaper in the long term for the Exchequer to ‘carry its own insurance’ ”.

Similarly, in respect of vehicles owned by delegated state bodies, in compliance with Public Financial Procedures there is no commercial insurance policy in place. However a state indemnity applies. Where a State indemnity applies, i.e. the State bears its own insurance, a commitment is made to protect against losses should any loss or damage arise where the State was negligent. Typically a particular indemnity is enacted through an instrument of legislation.

State indemnity for personal injury and third party property damage is set out in the National Treasury Management Agency (Amendment) Act, 2000 where the management of personal injury and third party property damage claims against certain State authorities, and underlying risks, was delegated to the National Treasury Management Agency (NTMA). When performing these functions, the NTMA is known as the State Claims Agency (SCA).

Should a claim arise relating to personal injury and/or third party property damage arising from an incident involving property owned or managed by my Department this is handled by the SCA. Should a claim arise relating to damage to a State vehicle the cost will be borne by the State body/Department.

This relates to bodies delegated to the SCA under National Treasury Management Agency (Amendment) Act, 2000 and subsequent orders only and not all state funded or associated enterprises.

Finally, I have asked the Agencies of my Department to respond directly to me on this matter and I will write to the Deputy with the details, if any, in due course.

Company Law

Ceisteanna (261)

Gerald Nash

Ceist:

261. Deputy Gerald Nash asked the Minister for Jobs, Enterprise and Innovation if he will make any amendments to company directors legislation to ensure a more robust response against company directors who are prosecuted and convicted for failing to remit contributions to a pension scheme having deducting them from an employee's pay; and if he will make a statement on the matter. [16059/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Part 14 of the Companies Bill 2012 brings together the various compliance and enforcement provisions of company law, with the aim of providing greater transparency and making compliance and enforcement easier. The Bill provides for offences and creates sanctions for breaches of Company Law only and therefore, the specific behaviour described by the Deputy is not provided for in the Bill. However, the Bill re-enacts existing law by providing for automatic disqualification of a director for a period of five years or such other period as the court may order, where a person has been convicted of an offence involving fraud or dishonesty or an offence on indictment in relation to a company. A person who contravenes a disqualification order shall be guilty of a category 2 offence and the period of disqualification shall be extended to a further period of 10 years or as the court may order.

The Companies Bill 2012 contains a new four-tier scheme of criminal offences in relation to company law (section 872, of the Bill as initiated). As a result of this categorisation and the introduction of uniform maximum fines and terms of imprisonment for offences, a number of existing offences will carry higher penalties under the Bill. In the case of the category 2 offence referred to above, this carries a penalty, (a) on summary conviction, of a class A fine or imprisonment for a term not exceeding 12 months or both, or (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.