Written Answers Nos. 88-94
88. Deputy Sean Fleming asked the Minister for Social Protection the number of appointments to State boards under the remit of her Department in each year from 2011 to 2014, inclusive; the number that were publicly advertised; the reason all appointments are not open to public competition; and if she will make a statement on the matter. [26277/14]
Amharc ar fhreagraThe statutory bodies operating under the aegis of the Department of Social Protection are the Citizens Information Board, the Pensions Authority, the Pensions Ombudsman (which does not have a Board) and the Social Welfare Tribunal. Details of appointments to the Boards over the last three years are set out in the following table:
|
- |
2011 Number of Appointments |
2011 Number of appointments Publicly advertised |
2012 Number of Appointments |
2012 Number of appointments Publicly advertised |
2013 Number of Appointments |
2013 Number of appointments Publicly advertised |
2014 Number of Appointments |
2014 Number of appointments Publicly advertised |
Reason all appointments are not open to Public Competition |
|
Citizens Information Board (CIB) |
2 |
1 |
1 |
Nil |
Nil |
Nil |
1 |
Nil |
Appointments to the CIB Board include a staff representative and a representative of the Minister for Social Protection. These do not require public advertisement. A new representative was appointed to the Board in March 2014. |
|
- |
2011 Number of Appointments |
2011 Number of appointments Publicly advertised |
2012 Number of Appointments |
2012 Number of appointments Publicly advertised |
2013 Number of Appointments |
2013 Number of appointments Publicly advertised |
2014 Number of Appointments |
2014 Number of appointments Publicly advertised |
Reason all appointments are not open to Public Competition |
|
Pensions Board- renamed the Pensions Authority |
- |
- |
- |
- |
- |
- |
3 |
- |
See below |
|
Social Welfare Tribunal (SWT) |
1 |
Nil |
5 |
Nil |
Nil |
Nil |
Nil |
Nil |
The revised Code of Practice for the Governance of State Bodies does not apply to the Social Welfare Tribunal due to its structure and purpose. |
The Public Service Reform Programme provided for a critical review of the integration of the regulatory functions of the Pensions Board with the Financial Regulator and the merging of the Pensions Ombudsman with the Financial Services Ombudsman. The recommendations arising out of the Critical Review on the Pensions Board were approved by Government in April 2013 and were provided for in the Social Welfare and Pensions Act, 2013. The Pensions Authority was launched on 7 March 2014.
It was recommended that the governance structure of the Pensions Board be restructured with two distinct arms as follows:
- Oversight of the Pensions Board will be undertaken by a three person body called the Pensions Authority. The Board of the Pensions Authority will consist of a Chairperson and two officials from the Department of Social Protection and the Department of Finance.
- A separate unpaid Pensions Council will be established to advise the Department on matters of pensions policy which will strengthen governance of occupational pensions and give consumers greater input into pensions policy.
On 6 March 2014, I announced key appointments to the Pensions Authority and Pensions Council, the new bodies which will strengthen governance of occupational pensions and give consumers greater input into pensions policy.
- The Authority Chairperson,
- The Pensions Council Chairperson.
Under the strengthened arrangements, the Pensions Board is being renamed the Pensions Authority to better reflect its key role of safeguarding the pensions of occupational pension scheme members and also the provision of information on occupational pensions.
Oversight of the Pensions Authority will be provided by a separate three-person board, comprising of:
- The Authority Chairperson;
- A representative of the Department of Social Protection; and
- A representative of Department of Finance.
The separate unpaid Pensions Council is being created to operate as a pensions advisory panel and report to me on matters of pensions policy. Members to the Council will be recruited though the Public Appointments Service. People interested in serving as members of this council have been invited to make expressions of interest to the Public Appointments Service, and 57 such applications were received last month. It is hoped to process these and to make appointments to the Council before the end of the summer.
The Chairperson for the Council has been announced, but has not yet been formally appointed.
90. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection when a person (details supplied) in Dublin 22, may expect to hear the outcome of their appeal which was made in January 2014. [26322/14]
Amharc ar fhreagra93. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection when a person (details supplied) in Dublin 22 may expect to hear the outcome of their appeal which was made in January 2014. [26327/14]
Amharc ar fhreagraI propose to take Questions Nos. 90 and 93 together.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 28th April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. It is not possible at this point to confirm when the appeal process will be completed but I am advised by the appeals office that every effort will be made to determine the appeal as quickly as possible.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
91. Deputy Jim Daly asked the Minister for Social Protection if she will consider allowing a registered solemniser to solemnise a marriage in a public place that is easily identifiable by its address; that it is open to the public to enter at all reasonable times rather than it having to be a public building to facilitate outdoor ceremonies; and if she will make a statement on the matter. [26323/14]
Amharc ar fhreagraThe notification, solemnisation and registration of marriages are governed by Part 6 of the Civil Registration Act 2004. Section 51(2) (c) of the Act provides that a registered solemniser "...shall not solemnise a marriage unless the solemnisation takes place in a place that is open to the public".
This is currently taken to mean that the place must be a building that is easily identifiable by its address, and that it is open to the public to enter at all reasonable times, but especially on the day on which an intended marriage is to be solemnised.
Section 8 of the Act outlines the functions of an tArd-Chláraitheoir. Section 8 (4) states "An tArd-Chláraitheoir shall be independent in the performance of his or her functions..." while section 8 (5) states "An tArd-Chláraitheoir may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions...”.
A letter was issued by An tArd-Chláraitheoir after it came to his attention that it was intended to solemnise a number of marriages at private houses and at places where the exact locations were uncertain. The letter was issued to all religious and secular bodies. Were the address for the solemnisation of a marriage to be a private house, or be vague or imprecise for example, a large public park, the public policy objective of the provisions of section 51 of the Act as decided by the Oireachtas would be defeated.
The Department will keep the procedures regarding the solemnisation of marriages under review in the context of updating the Civil Registration Act 2004 when required.
92. Deputy Michael Ring asked the Minister for Social Protection the position regarding the review of a carer's allowance appeal in respect of a person (details supplied) in County Mayo. [26325/14]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case.
Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
94. Deputy Stephen S. Donnelly asked the Minister for Social Protection if she will confirm that the Pensions Board has a statutory obligation to ensure that trustees of a pension scheme falling within its remit comply with the rules of the scheme trust deed and that a complaint of failure by trustees to do so is a matter for the Pensions Board (details supplied); and if she will make a statement on the matter. [26330/14]
Amharc ar fhreagraYou will appreciate that it would not be appropriate for me to comment on issues arising in a particular pension scheme or any individual complaint.
The Pensions Act makes provision for the resolution of disputes arising from the operation of occupational pension schemes. Problems in relation to schemes can arise due to:
A breach of enabling legislation, other than the Pensions Act,
A breach of undertakings by the employer,
A breach of the Pensions Act,
A breach of the rules of the scheme.
The Pensions Authority does not have power to deal with the first two instances.
However, any matters relating to compliance with the provisions of the Pensions Act can be referred to the Pensions Authority for investigation. Complaints appropriate to the Pensions Authority will be investigated by the Pensions Authority where there is evidence that a breach of the Pensions Act has occurred and the extent of such a breach.
This responsibility does not extend to the supervision of the trust deed or scheme rules. Remedies exist within trust law for any breach of the trust deed. A breach of the rules of the scheme resulting in a loss for the member would typically be handled by the Pensions Ombudsman. Pension schemes are required to establish internal procedures for the resolution of disputes. These procedures must be exhausted before a complaint can be referred to the Pensions Ombudsman for investigation.
