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Tuesday, 14 Oct 2014

Written Answers Nos. 363-374

Appointments to State Boards

Ceisteanna (363)

Terence Flanagan

Ceist:

363. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will provide a list of all State board appointments since the general election in 2011; the person who recommended each appointment; the credentials of those appointed; if the vacancy was publicly advertised; and if he will make a statement on the matter. [39277/14]

Amharc ar fhreagra

Freagraí scríofa

This Government, almost immediately on establishment, made important changes in relation to appointments to State Boards with new arrangements widening the opportunity to participate on such Boards by extending a wide invitation for people to submit expressions of interest to serve on the boards of public bodies. In accordance with the Government Decision of 12 April 2011, my predecessor commenced a process of seeking, on the Department’s website, expressions of Interest from persons wishing to be considered for appointment to vacancies on State Boards under the aegis of this Department. This information has been used to inform decisions for such appointments, but I would stress that such invitations are designed to extend the range of suitable persons from which a Minister might make appointments, not to constrain it. While appointments are made by the relevant Minister, I would add that appointments to Boards also include nominations, provided for by statute, by Committees of the Oireachtas, worker directors and ex-officio positions. While the precise structure varies from body to body, in total this can amount to a significant proportion of the Board in certain instances.

All appointments are made in light of the applicable legislative requirements, objectives of the organisation and on the basis of appointees having the necessary competencies, expertise and experience to contribute effectively to the work of the particular boards.

In 2011 there were 31 applications received following the advertisement for Expressions of Interest from which 3 appointments were made. In 2012 there were 37 applications received following the advertisement for Expressions of Interest from which 5 appointments were made. In the current 2013/2014 call for Expressions of Interest there have been 120 applications received to date following the advertisement for Expressions of Interest from which 9 appointments were made.

There have been 114 appointments made to State Boards under the aegis of my Department in the period March 2011 to date. The percentage of these appointments filled from the Expressions of Interest received amounts to 15%. It should be noted that about 30% of the appointments made were either ex-officio appointments, reappointments, the appointment of worker directors chosen by election, or appointments made from nominations made by an Oireachtas Committee.

On 30 September, the Minister of Public Expenditure and Reform announced further steps to strengthen the process of Board appointments and my Department will be liaising with the Department of Public Expenditure and Reform to ensure that procedures are in line with the new measures proposed.

The table lists all appointments to State Boards under the aegis of this Department since 9 March 2011.

Body

Appointee

An Post

Mr Donal Connell CEO (ex officio) reappointed

Mr Christoph Mueller (Chairperson)Mr James Wrynn

Mr Paul Henry

Mr Noel Adamson (worker director)

Mr Patrick Compton (worker director reappointed)

Mr Thomas Devlin (worker director reappointed)

Mr William Mooney (worker director)

Ms Martina O’Connell (worker director)

Mr William Scally

Ms Lorraine Tormey

*Mr Tom O’Brien

Ms. Jennifer Loftus

Mr Ed Murray

Bord na Móna

Ms Denise Cronin

*Mr. John Horgan (appointed as member and later appointed as Chairperson)

Mr Gerard O’Donoghue

Ms Elaine Treacy

Mr Barry Walsh

Mr Gabriel D’Arcy (Director ex officio) reappointed

Mr John V Farrrelly

*Mr Denis Leonard

Mr Paschal Maher (elected employee member)

Ervia (formerly Bord Gais Eireann)

Mr Finbarr Kennelly

Mr Michael McNicholas (CEO ex officio)

Ms Rose Hynes Chairperson (reappointed)

Ms Mari Hurley

Mr Joe O’Flynn (SIPTU union representative)

Ms Jacqueline Hall

Mr Laurence Crowley (reappointed)

Broadcasting Authority of Ireland

Mr Seamus Martin

RTE

Mr Noel Curran (Director General) (reappointed)

EirGrid

Dr Gary Healy

*Ms Regina Moran

*Mr Liam O’Halloran

Ms Bride Rosney

Ms Doireann Barry (staff representative)

Mr Fintan Slye (CEO ex officio)

Dr Joan Smyth (reappointed)

Mr Richard Sterling (reappointed)

Mr John O’Connor (Chairperson)

ESB

Mr Lochlann Quinn (Chairman – reappointed)

Mr Pat O’Doherty (CEO ex officio)

Ms Noreen Wright

Mr Seamus Mallon (reappointed)

Ms Anne Butler

*Ms Noreen O’Kelly

Irish National Petroleum Corporation (INPC)

Mr Sean Fitzgerald (reappointed)

Mr Vincent Caffrey (reappointed)

Ms Aoife MacEvilly **(2 reappointments)

Mr Aidan Donnelly–Chairperson (2 reappointments)

Mr Pat Meehan CEO (ex officio)

National Oil Reserves Agency (NORA)

Ms Aoife MacEvilly **

Mr Pat Meehan CEO (ex officio) (reappointed)

Mr Aidan Donnelly – Chairperson (reappointed)

Mr Oliver Whelan (reappointed)

*Mr Terry Nolan

Mr Hugh O’Donnell

TG4

Mr. Micheál Seoighe

Ms. Mairad Ní Cheoinín

*Mr. Joe Connolly

*Mr. Des Geraghty

Ms. Andra Ní alaithe

Ms Mairead Nic Suibhne

Ms. Michelle Ní Chróinín

Siún Ní Raghallaigh (Chairperson)

Sustainable Energy Authority of Ireland (SEAI)

*Ms Julie O’Neill (appointed and then reappointed)

Dr. Edgar Morgenroth (appointed and then reappointed)

Mr. Michael Conlon

Ms. Anne Farrell (appointed and then reappointed)

Mr. Declan Waugh

Ms. Michelle Green (appointed and then reappointed)

Mr. Brian Carroll ** (reappointed)

Mr. Brendan Halligan (re-appointed) (Chairperson)

Dr Brian Motherway CEO (ex officio)

Mr Pat Gilroy

Mr Michael McGarry

Ms Anne Connolly

Digital Hub Development Agency (DHDA)

* Mr. Paul Holden (appointed as member and then as Chairperson)

Mr. Seamus Ratigan

Mr Leonard Donnelly (Chairperson - reappointed)

Mr Brendan McDonagh (appointed and then reappointed)

Ms Alice Davis (reappointed)

Mr Philip Maguire (DCC Member)

Mr Owen Keegan (DCC Member)

*Ms Claire Duignan

Ms Katherine Licken** (reappointed)

Ms Edel Flynn (CEO ex officio)

Ordnance Survey Ireland (OSi)

Mr. Ronan O’Reilly (Chairperson)

Ms. Anne Butler

Mr. Robin Simpson

Dr. Enda Howley

Dr. Denis Kelliher

Ms. Marion Coy

Mr. Justin Gleeson

Ms Sandra Ryan

*Mr. Padraic Jordan

Mr. Oliver Hickey

Mr Noel Ward

Inland Fisheries Ireland

*Mr Fintan Gorman***

*Mr Peter J Nally

*Mr Martin McEnroe

*Mr Niall Greene

The Mining Board

Mr Michael Neary (reappointed)

Mr Michael MacGrath S.C. (Chairperson) reappointed

*Expression of Interest received

**DCENR staff representative

*** This appointment was made by the Minister of State on the nomination of the Minister for the Environment, Community and Local Government

Departmental Staff Rehiring

Ceisteanna (364)

Dara Calleary

Ceist:

364. Deputy Dara Calleary asked the Minister for Communications, Energy and Natural Resources the number of persons who are on public or Civil Service pensions who have been recruited for work on any basis, permanent or temporary, under the remit of his Department in 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [39545/14]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that four persons in receipt of civil or public service pensions were employed in my Department during 2012; five during 2013 and five during 2014. The abatement principle was applied in all cases and all were employed in a temporary capacity.

Road Safety

Ceisteanna (365)

Brendan Griffin

Ceist:

365. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if a local authority may force a land owner to cut a large tree that is hanging over a public roadway (details supplied); the legislation that exists in this area; his plans for legislation in this area; and if he will make a statement on the matter. [39232/14]

Amharc ar fhreagra

Freagraí scríofa

Section 70(2) of the Roads Act 1993 provides that landowners and occupiers of land must take all reasonable steps to ensure that a tree, hedge and other vegetation growing on their land is not, or could not become, a danger to people using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.

Section 70(2) further provides that if a tree, hedge or other vegetation is, or could become, a danger to those using or working on a public road, or obstructs or interferes with the safe use or maintenance of a public road, the road authority may serve a written notice on the owner or occupier of the land requiring action to be taken in order to remove the danger or potential danger within the period stated in the notice.

Section 70(7) provides that an owner or occupier who fails to comply with such a notice served by a road authority is guilty of an offence.  A person guilty of an offence under section 70(7) is liable on summary conviction to a fine not exceeding €5,000.

Section 70(8) provides that the road authority can take the action specified in the notice itself or such other action as it thinks fit where the person on whom the notice was served fails to comply with it.

Appointments to State Boards

Ceisteanna (366)

Ruth Coppinger

Ceist:

366. Deputy Ruth Coppinger asked the Minister for Transport, Tourism and Sport if he will report on the appointment of a person (details supplied) to the board of the Irish Aviation Authority; and the qualifications and other credentials of the nominee. [38888/14]

Amharc ar fhreagra

Freagraí scríofa

In accordance with Section 17 of the Irish Aviation Authority Act, 1993, I recently appointed Mr. Pascal Fitzgerald to the Board of the Irish Aviation Authority (IAA) for a four year period.  Mr. Fitzgerald has been active in promoting Shannon Airport and tourism in the Shannon and Mid-West area over the last decade. I am satisfied that this background, combined with his general business credentials, will enable him to make an important contribution to the continued development of the IAA in accordance with its commercial mandate.

Airport Security

Ceisteanna (367)

Dessie Ellis

Ceist:

367. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport the statutory powers of the airport police; and the statutory basis for such powers. [38889/14]

Amharc ar fhreagra

Freagraí scríofa

Under the Airports Acts, authorised officers are members of the Garda Síochána and persons appointed by the airport authority - the airport police.

  The powers of authorised officers relate generally to the interest of the proper operation, security or safety of the airport, including the security or safety of persons, aircraft or other property at the airport.  The specific provisions are set out in several different Acts dating from 1973 to 2014 as listed below.

- Section 2A of the Air Navigation and Transport Act 1973 (as inserted by section 65 of Air Navigation and Transport (Amendment) Act 1998

- Sections 18, 19, 41 and 43 of the Air Transport and Navigation Act 1988

- Sections 47, 48, 49, 50 and 51 of the Air Navigation and Transport (Amendment) Act 1998

- Section 15 of the State Airports Act 2004

- Sections 45, 47, 48 and 50 of the State Airports (Shannon Group) Act 2014.

Road Projects

Ceisteanna (368)

Brendan Griffin

Ceist:

368. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding the condition of a road in County Kerry; and if he will make a statement on the matter. [38892/14]

Amharc ar fhreagra

Freagraí scríofa

I note the Deputy's question refers to the condition of a road at Barraduff, Co. Kerry but the attached Representation refers to the road on both sides of the village.  It is unclear therefore, whether this PQ refers to the N72 which runs through the centre of the village, or to the R570 which is at both sides.   

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and implementation of individual road projects, such as the N72 is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred the Deputy’s question to the NRA for direct reply.  Please advise my private office if you do not receive a reply within 10 working days.

The improvement and maintenance of regional and local roads (such as the R570) is the statutory responsibility of each local authority, in this case Kerry County Council in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities' own resources supplemented by State road grants.  The initial selection and prioritisation of works to be funded is also a matter for the local authority and I have no function in the matter.

Irish Airlines Superannuation Scheme

Ceisteanna (369, 370, 378)

Clare Daly

Ceist:

369. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 38 of 1 October 2014, if he will acknowledge that the deferred members and existing pensioners in the Irish aviation superannuation scheme were not involved in the consultation process, had none of their concerns addressed and in the context of the massive reduction in their living standards that they are expected to endure, to reconsider his statement in relation to signing the ministerial orders to allow the scheme trustees to amend it. [38921/14]

Amharc ar fhreagra

Michael Lowry

Ceist:

370. Deputy Michael Lowry asked the Minister for Transport, Tourism and Sport if he will consider the plight of members of the Irish airlines superannuation scheme and if he will refuse to sign the ministerial orders which have been recently enacted in the State Airports (Shannon Airport) Act 2014, in view of the financial hardship being caused; his views that the decimation of pension entitlements for these persons is fair and reasonable; and if he will make a statement on the matter. [38973/14]

Amharc ar fhreagra

Timmy Dooley

Ceist:

378. Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport the actions he will take to protect the pensions of former workers in the Dublin Airport Authority and Aer Lingus who have deferred their pensions; and if he will make a statement on the matter. [39157/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 369, 370 and 378 together.

Resolution of the funding difficulties of the IASS is primarily a matter for the Trustee, the companies participating in the scheme, the scheme’s members and the Pensions Authority. The process currently underway involves all of these stakeholders, including the deferred members.

I can assure you that I do understand the  concerns of the deferred members in relation to the funding of the scheme.  However, such matters are governed by the Pensions Acts, which fall under the responsibility of my colleague, the Tánaiste and Minister for Social Protection. Pension schemes are closely regulated under Irish and European pension law and the Pensions Authority is the national statutory regulatory authority in Ireland.  There are prescribed procedures and limitations in place governing any reductions in pension rights introduced to address funding difficulties in a scheme such as the IASS.

It has been clear for a long time that any solution to the complex problems of the IASS requires significant contributions from both employers and members of the scheme.  The Expert Panel established earlier this year was tasked with finding the fairest way to distribute the burden, while addressing a range of other impediments. As a result of that Report, there was an uplift in the monies to be provided by the employers outside of the IASS, a significant proportion of which is intended for the deferred members.

The IASS Trustee and the principal employers have recently issued documents in respect of the proposed changes in pension arrangements.  These communications mark the commencement of the formal consultation process which the Trustee is required by the Pensions Act 1990 to undertake in respect of the reductions in benefits that it is proposing.  Each member will also shortly receive a personalised illustration of future pension benefits.  All members have been invited to send their views on the proposals to the IASS Trustee by 27 October 2014.  The target date for implementation of the proposals remains 31 December 2014.

As I have repeatedly stated huge efforts have been put in by all concerned over many years in an attempt to resolve the scheme's funding problems.  A set of clear proposals has now been put forward which offer the best chance to resolve the long-standing problems of the scheme and resolve members’ uncertainties about their future pension entitlements.  I would once again urge all parties to accept them.

On the basis that the Trustee decides to proceed with changes to the IAS scheme following the consultation process which is underway, I will sign the Ministerial Orders enabling the IAS scheme trustees to amend the scheme.

Road Safety

Ceisteanna (371)

Joan Collins

Ceist:

371. Deputy Joan Collins asked the Minister for Transport, Tourism and Sport his views that driver fatigue is the cause of one in five road accidents here; if his attention has been drawn to the fact that Dublin Bus currently have scheduled driving rotas whereby bus drivers on route number 7 from Donnybrook and on route number 27 from Ringsend are driving for over five hours, and in some cases for over six hours, without a break, bearing in mind that a driver who transports live animals must take a break after 4.5 hours of driving under the Road Traffic Acts, yet Dublin Bus drivers are fatigued from driving for over 5.5 hours and up to six hours in some cases. [38974/14]

Amharc ar fhreagra

Freagraí scríofa

This subject of driver fatigue was addressed at the annual Road Safety Authority (RSA) lecture on the 6th of October. Driver fatigue is one the main causes of road crashes, along with distraction, excessive and inappropriate speed, and intoxication. My Department, along with the RSA and An Garda Síochána, are examining these areas on an on-going basis to identify measures that can be taken to address and bring about future reductions in fatalities and serious injuries due to these causes.

Rotas and scheduled driving arrangements at Dublin Bus are part of the day to day operational matters for the company and are not ones in which I or my Department have a role. Nonetheless, I have referred the matter to Dublin Bus for direct reply. Please contact my Private Office if you have not received a reply within ten working days.

The National Employment Rights Authority (NERA), which falls under the remit of my colleague, Richard Bruton, TD, Minister for Jobs, Enterprise and Innovation, and who have responsibility for enforcing the Organisation of Working Time legislation, can advise further regarding the requirements of that legislation.

Cycling Facilities Provision

Ceisteanna (372)

Maureen O'Sullivan

Ceist:

372. Deputy Maureen O'Sullivan asked the Minister for Transport, Tourism and Sport if he will report on the identities of the public bodies concerned with developing cycling facilities and dedicated cycleways along the Royal Canal towpath in the Dublin city area; if he will liaise with those interests to improve cycling facilities from Ashtown village to Spencer Dock; if he will initiate a process with a view to linking the publicly-lit towpath from Ashtown village to Reilly's bridge with the publicly-lit towpath Spencer Dock to Coke Oven Cottages, that is, to provide public lighting from Coke Oven Cottages to Reilly's bridge, particularly where the towpath passes the under the Connolly-to-Maynooth railway line at the seventh lock; and if he will make a statement on the matter. [38983/14]

Amharc ar fhreagra

Freagraí scríofa

The National Transport Authority (NTA) in conjunction with Dublin City Council is responsible for the development of all cycling and walking infrastructure in the Greater Dublin Area (GDA). Accordingly, I have forwarded your request to the NTA and have asked them to reply to you directly. Please advise my private office is you do not receive a reply within 10 days.

Road Safety Authority Campaigns

Ceisteanna (373)

Thomas P. Broughan

Ceist:

373. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport the number of high-visibility jackets and other high-visibility clothing items which have been distributed by the Road Safety Authority on an annual basis since 2006; and if he will report on the cost to the Exchequer of these items for each of the years in question. [39055/14]

Amharc ar fhreagra

Freagraí scríofa

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), the promotion of public awareness of road safety and measures including the advancement of education, relating to the promotion of the safe use of roads, is statutory responsibility of the RSA.  The distribution of high visibility vests is a part of the Authority's activities under its responsibility for promoting road safety.

I have therefore referred the question to the Authority for direct reply.  I would ask the Deputy to contact my office if a response has not been received within ten days.

Road Safety Authority Campaigns

Ceisteanna (374)

Thomas P. Broughan

Ceist:

374. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if his Department has asked the Road Safety Authority to carry out a cost-benefit evaluation of its performance in promoting road safety in 2013 and to date in 2014 in view of the serious rise in casualties on Irish roads in 2013 and the fact that deaths from road collisions are only marginally decreased to date in 2014 compared to the level in 2013. [39062/14]

Amharc ar fhreagra

Freagraí scríofa

The rise in road deaths in 2013, after several years of steady decline, is a source of serious concern to us all.  The Road Safety Authority (RSA) played a major role in helping to reduce deaths on our roads in recent years, and has a like role in helping to keep up the downward pressure on road deaths now.

The causes of road traffic collisions are many, and a range of measures is needed to address them.  The Road Safety Strategy 2013-2020 contains 144 measures which, taken together, will have a significant cumulative effect on road safety generally in Ireland.

As part of the Strategy, there is regular monitoring, based on the principle that there is a need to be flexible in responding to changing circumstances and new international research which may emerge.

I am satisfied that the Strategy and its monitoring mechanisms already provide sufficient scope for addressing and responding to the current situation.

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