Written Answers Nos. 186-202
186. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection if safeguards will be put in place to enable pensioners have a greater say in the governance of their pension scheme in view of the fact that many defined benefit pension schemes are closed to new members and that pensioners constitute a growing percentage of scheme memberships; and if she will make a statement on the matter. [19234/18]
Amharc ar fhreagraThe governance of an individual pension scheme is generally a matter for the scheme trustees. Scheme trustees have duties and responsibilities under trust law, under other relevant legislation and under the Pensions Act, 1990, as amended. The duties of pension scheme trustees include administering the trust in accordance with the law and the terms of the trust deed and rules. It is important to note that pension scheme trustees have no function in negotiating improved benefits and entitlements for members under a pension scheme. Trustees must act in the best interests of all scheme members whether active, deferred, or retired. Consequently any decisions made by corporate or individual trustees of an occupational pension scheme are governed by the relevant legislation. The provisions of the Pensions Act are enforced through the supervision of the Pensions Authority. The Pensions Authority makes information available on its website to assist members, employers and trustees understand the procedures for member participation in the selection of trustees.
Arrangements for member participation will usually be made following discussions between the employer and representatives of members. These discussions will cover such matters as the overall number of trustees and the arrangements for the selection of a proportion of this number by members. Specific rules on all these matters are set down in the regulations which can be invoked, as necessary
While current legislation does not specifically provide that member trustees must include at least one or more pensioner members (nor does it provide that member trustees must include one or more active members) it does provide an opportunity for such membership and pensioner members may avail of that opportunity to become scheme trustees or nominate others to act on their behalf. It is not intended to make any legislative amendments in this area.
I hope this clarifies the matter for the Deputy.
187. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection her plans to introduce measures to specifically protect retired members of defined benefit pension schemes particularly in view of the fact that pensioner groups only have one month to appeal the decision of the pension fund trustees to make an application for a section 50 order to the Pensions Authority for reduction in pension benefits to the courts; and if she will make a statement on the matter. [19235/18]
Amharc ar fhreagraIf the funding of a pension scheme is not sufficient to satisfy the Funding Standard, the trustees may apply to the Pensions Authority for a direction under section 50 of the Pensions Act 1990. Under such an order accrued benefits relating to members’ past service can be reduced. Prior to making an application to the Pensions Authority, trustees must have undertaken a comprehensive review of the scheme with a view to the long term stability and sustainability of the scheme. Before making an application for a section 50 direction, the trustees must notify in writing, all members of the scheme and any other person in receipt of benefits under the scheme, and also notify any authorised trade union representing members, or any representative group that meets certain requirements.
Scheme members subject to a Section 50 amendment must be notified in advance of the proposed reductions. This notification must include the circumstances of the Section 50 application, and the proposed reductions, including general illustrations of their effect.
Pension schemes are run for the benefit of all its members, active, deferred, and retired. It is important to note that all pension scheme members, not just pensioners, have one month to make written observations to trustees on proposed section 50 applications to the Pensions Authority. Trustees must consider these observations before making an application to the Pensions Authority.
The provisions in section 50 of the Pensions Act have been reviewed on a number of occasions in recent years. Changes to this section of the Act were made in 2009 and again in 2013. The Social Welfare and Pensions Act 2013 amended section 50 of the Act to broaden the options available to the trustees of a pension scheme when considering a restructure of scheme benefits. These changes were designed to spread the risk of scheme underfunding across all scheme members and beneficiaries in any consideration of an application by the trustees of the scheme to restructure scheme benefits. It is a matter for the trustees of a scheme, who are required under trust law to act in the best interests of all scheme members, to determine how the provisions in section 50 of the Act might be applied.
I hope this clarifies the matter for the Deputy.
188. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection her plans to amend section 81E of the Pensions Act 1990 to abolish the six to 12 month time bar in which pensioners cannot pursue a complaint once they have retired longer than 12 months; and if she will make a statement on the matter. [19236/18]
Amharc ar fhreagraSection 81E of the Pensions Act 1990 refers to the forum for seeking redress in relation to equal pension treatment in occupational benefits schemes. The time limit provisions contained in Section 81E relating to equal pension treatment and redress are derived from overarching legislative provisions pertaining to access to industrial relations machinery in Ireland. Under that legislation access to industrial relations machinery, such as the Workplace Relations Commission and the Labour Court, is limited to six months from the date of termination of the relevant employment, however, this may be extended to a further six months where reasonable cause is shown. Where a pension scheme has an internal disputes resolution (IDR) procedure, this provides for a formal structure through which beneficiaries or potential beneficiaries can raise complaints or disputes and engage directly with the pension provider concerned.
If an individual is dissatisfied with the outcome of an IDR process he/she may advance a complaint to the Financial Services and Pensions Ombudsman, who is an independent and impartial statutory officer responsible for investigating and ruling on complaints from active members, deferred members and beneficiaries of occupational pension schemes, trust Retirement Annuity Contracts (RACs) or Personal Retirement Savings Accounts (PRSAs). The time limits for making a complaint to the Financial Services and Pensions Ombudsman are set out under section 51 of the Financial Services and Pensions Ombudsman Act 2017 which comes within the remit of the Minister for Finance.
Accordingly, I do not intend to bring forward any changes in this area to the Pensions Act 1990 at this time.
I hope this clarifies the matter for the Deputy.
189. Deputy Micheál Martin asked the Minister for Employment Affairs and Social Protection her views on whether legislation is adequate to ensure that trustees of pension schemes act in the best interests of all beneficiaries; and if she will make a statement on the matter. [19237/18]
Amharc ar fhreagraAll dealings and decisions made by corporate or individual trustees of an occupational pension scheme are governed by legislation and enforced through the supervision of the Pensions Authority. The Pensions Act 1990, together with the trust deed and scheme rules sets out the trustees’ duties and responsibilities. Under this Act, trustees of pension schemes have the main responsibility for the administration of schemes and compliance with the requirements that apply to these schemes. Trustees of pension schemes must act in the best financial interests of the scheme members and must serve all beneficiaries of the scheme impartially. If there is a conflict of interest then a person’s duty as a trustee must take precedence over other interests.
The Pensions Authority is the regulatory body charged with the supervision of pension schemes and has the necessary powers under statute to investigate the conduct of a pension scheme should it become aware that the trustees of a scheme are not in compliance with the provisions of the Pensions Act.
The Pensions Authority’s Trustee Handbook provides guidance for trustees on how to achieve compliance with the Pensions Act and other relevant legislation and lists numerous trustee responsibilities including chapters on payment of contributions; investing a scheme’s assets; payment of benefits; payment of fees; preservation and transfer of benefits; the minimum funding standard; disclosure of information, and equal pension treatment.
The rules governing the role of trustees are constantly being reviewed. The Pensions Authority carried out a public consultation in 2015 on proposals to impose higher standards for trustees. In 2016, the Pensions Authority conducted a consultation process on the reform and simplification of pension; the purpose of which is to impose higher standards on all occupational schemes.
Additionally, the transposition of the new EU Directive IORP II by January 2019 will further advance the duties and supervision of trustees.
I hope this clarifies the matter for the Deputy.
190. Deputy Jan O'Sullivan asked the Minister for Employment Affairs and Social Protection when an application by a person (details supplied) for an invalidity pension will be processed; and if she will make a statement on the matter. [19248/18]
Amharc ar fhreagraThe lady referred to has been awarded invalidity pension with effect from the 08 March 2018. Payment will issue to her nominated post office on the 17 May 2018. Any arrears due from 08 March 2018 to 16 May 2018 (less any overlapping social welfare payment) will issue in due course. The lady in question was notified of this decision on the 30 April 2018. I hope this clarifies the matter for the Deputy.
191. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied) for a disability allowance. [19249/18]
Amharc ar fhreagraI confirm that my department received an application for disability allowance (DA) from this lady on 5 April 2018. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome. The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
The person concerned is advised to contact their local Community Welfare Officer (CWO) who will advise them if there are any other forms of financial assistance appropriate to their specific circumstances.
I trust this clarifies the matter for the Deputy.
192. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection her plans to meet with employees at a bank (details supplied); the supports her Department will provide; and if she will make a statement on the matter. [19268/18]
Amharc ar fhreagraTo date my Department has had no official communication from the Bank of Ireland on any possible redundancy plans concerning their employees. If any redundancies do occur, the Department will ensure that any former employee receives advice on jobseekers payments and other income supports that may be available to them and to provide support on returning to work or on appropriate education and training options. We will provide jobseeker payments, where eligibility is established, in a timely manner to those affected and will proactively help them to access the many opportunities available for employment.
Jobseekers can avail of supports through my Department’s activation process which provides the person on a jobseeker payment with structured, case-managed support back into employment. Clients are expected to use the supports offered during the activation process which can include education or training.
I hope this clarifies the matter for the Deputy.
193. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an appeal for a State pension (non-contributory) by a person (details supplied); and if she will make a statement on the matter. [19304/18]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 5th April 2018, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I hope this clarifies the matter for the Deputy.
194. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the number and percentage of credit unions that have signed up to the personal micro credit scheme; the number and proportion of these that are offering loans; the number and percentage of credit unions that have placed a limit on the number of loans available under the scheme; the number of loans provided under the scheme in each of the years since its inception; the average and aggregate value of the loans provided in each of the years; the way in which the scheme is promoted; the actions being taken by the implementation group to improve the availability and success of the scheme; and if she will make a statement on the matter. [19318/18]
Amharc ar fhreagraThe Personal Micro Credit Scheme (PMC) provides for small scale loans, known as It Makes Senseloans, by Credit Unions to borrowers who have difficulty accessing low cost credit. The aim of the scheme is to move people away from the use of high cost moneylenders as a mechanism to provide for their planned financial needs and to provide an alternative, legitimate, and low cost personal loan scheme. The loans under the scheme range from €100 to a maximum of €2,000 and have a maximum interest rate of 12% per annum.
An Implementation Group chaired by my Department and comprising all relevant stakeholders is working towards achieving a national roll-out of the scheme.
Currently, 109 credit unions at over 255 locations are in a position to offer the ‘It Makes Sense Loan’. This represents almost 50% of the credit unions (excluding industrial), which could potentially participate in the scheme.
Of the 109 credit unions which have signed up to participate, 101 (93%) have issued loans under the scheme with 8 (7%) yet to write a loan. 3 credit unions (2.75%) have some restriction in place in relation to the loans available.
The aggregate value of loans drawn down under the scheme in 2016, 2017 and 2018, to date is not readily available. However during the pilot period from November 2015 to April 2016, 1,202 loans were issued with an aggregate value of €720,000.
Since the inception of the scheme in November 2015, almost 7,500 loans have been drawn down. Currently over 6,000 people are making PMC loan repayments by way of weekly deductions from their Social Welfare payment through the Household Budgeting Facility, with an unknown additional number using direct debit or standing orders.
Information on the scheme and regular updates, including the list of participating credit unions is available at www.itmakessenseloan.ie, a face book page www.facebook.com/itmakessenseloan and on www.citizensinformation.ie
The availability of the scheme has been promoted at local level, in the areas where credit unions are participating in the scheme. The credit union representative groups support local credit unions in marketing the scheme through the provision of posters, leaflets and raising awareness in local media. A number of other promotional methods have been used such as posters/flyers delivered to all Intreo Offices in the areas served by participating credit unions. Additionally, the scheme is promoted at local level by the Money Advice and Budgeting Service and St Vincent de Paul.
Incremental progress is being made towards extending the geographical coverage of the loan scheme through efforts to recruit credit unions to participate in the scheme. In efforts to increase credit union participation in the scheme, feature articles have been placed in credit union publications such as CU Focus. Promotion also takes place at appropriate events such as the Irish League of Credit Unions (ILCU) Annual General Meeting, the Credit Union Managers Association conference and events such as the National Ploughing Championships.
Engagement is continuing with the credit union representative bodies and individual credit unions to encourage wider participation; in this context. I recently met with the Irish League of Credit Unions to discuss same. I hope this clarifies the matter for the Deputy.
195. Deputy John Deasy asked the Minister for Housing, Planning and Local Government when the new tenant purchase scheme will be published. [19151/18]
Amharc ar fhreagraThe Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.
In line with the commitment given in Rebuilding Ireland, a review of the first 12 months of the Tenant Purchase Scheme’s operation has been undertaken. The review has incorporated analysis of comprehensive data received from local authorities regarding the operation of the scheme during 2016 and a wide-ranging public consultation process which took place in 2017 and saw submissions received from individuals, elected representatives and organisations.
The review is now complete and a full report has been prepared setting out findings and recommendations. In finalising the report some further consultation was necessary and due consideration had to be given to possible implementation arrangements. These matters are now almost completed and I expect to be in a position to publish the outcome of the review shortly.
196. Deputy John Deasy asked the Minister for Housing, Planning and Local Government when he will receive and publish the report and recommendations of the committee established to review local electoral areas. [19152/18]
Amharc ar fhreagraI established two independent Local Electoral Area Boundary Committees on 13 December 2017 to review and make recommendations on local electoral areas having regard to, among other things, the results of Census 2016 as well as the commitment to consider reducing the size of territorially large local electoral areas as set out in A Programme for Partnership Government (May 2016). The reviews are to be completed well in advance of the next local elections which are scheduled for mid-2019. In this regard, the Committees are tasked with reporting to me within six months of their establishment, that is by 13 June 2018, after which the necessary arrangements will be made to publish their reports.
197. Deputy John McGuinness asked the Minister for Housing, Planning and Local Government if an unredacted copy of the report submitted by Galway City Council relative to the case of a person (details supplied) will be made available; if the protected disclosure submitted by the person is being examined by an independent person outside and unconnected to his Department; and if he will make a statement on the matter. [19161/18]
Amharc ar fhreagraFurther to my reply to Question No. 643 of 27 March 2018, the assessment of both the submission made with reference to the Protected Disclosures Act 2014 by the individual named and Galway City Council’s report in response to that submission, which is being carried out by my own Department, is currently being finalised.
Some of the further information requested of Galway City Council on 22 February 2018 is awaited but is expected shortly.
My Department will be in contact with the individual concerned as soon as its assessment is finalised.
198. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government if he will provide data (details supplied) published by his Department in respect of affordable housing in each of the years 2012 to 2017. [19163/18]
Amharc ar fhreagraAll affordable housing schemes were stood down in 2011, reflecting the reality of market conditions across the country at that time and the very significant easing of affordability in that period.
However, a small number of affordable housing units, which would have been in progress at that time, were delivered in the following years, details of which are published on my Department's website at the following link: http://www.housing.gov.ie/housing/statistics/affordable-housing/affordable-housing-and-part-v-statistics.
On 22 January, I announced a package of initiatives to help alleviate affordability pressures faced by households, particularly in areas of high housing demand and high accommodation costs. This includes the Rebuilding Ireland Home Loan; the reintroduction of an affordable purchase scheme; and, a new affordable rental scheme, to be based on a cost rental model. Further details on the suite of affordability initiatives can be found at http://rebuildingireland.ie/news/min-murphys-statement-on-affordable-homes/.
In overall terms, from initial estimates, I expect that in the region of 3,000 new affordable homes can be made available through the range of schemes and initiatives, with the long-term ambition for some 10,000 homes.
199. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government if his Department has examined the possible effects of measures in the Land and Conveyancing Law Reform Act 2009 which make it necessary for all rights of ways to be registered by 2021 in view of the fact that his Department now has responsibility for the PRA; the practical effects this will have on the system; the progress made to date to promote and encourage land owners to register their interests before the deadline; if provisions will be made for farmers regarding accessing septic tanks and so on; and if he will make a statement on the matter. [19204/18]
Amharc ar fhreagraUnder the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
I am advised by the Property Registration Authority that the Land and Conveyancing Law Reform Act 2009 changed the law in relation to certain easements and profit à prendre i.e. those acquired by prescription and that it is not necessarily an obligation for all rights of way to be registered by 2021.
Further information on Easements and Profits à Prendre Acquired by Prescription under Section 49A is available on the website of the Property Registration Authority, www.prai.ie. In addition, arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. The contact email address for the Property Registration Authority is reps@prai.ie .
200. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government further to Parliamentary Question Nos. 262 of 7 December 2017 and 631 of 27 March 2018, when the European Union (Licensing of Large-Scale Extraction of Peat) Regulations 2016 will be commenced; the status of interactions to date between his Department, the EPA and the Office of the Attorney General in relation to the regulations; the outstanding issues which are delaying matters; if stakeholders have been briefed on delays on enacting the regulations; if his attention has been drawn to the urgency to address this issue ahead of impending harvesting months; and if he will make a statement on the matter. [19207/18]
Amharc ar fhreagraI am aware of the concerns of commercial peat operators arising from the recent High Court judgment in relation to the planning status of peat extraction. Industry representatives and other relevant stakeholder groups were included in the October 2016 stakeholder consultation undertaken by my Department in relation to the development of the draft European Union (Licensing of Large-Scale Extraction of Peat) Regulations and further stakeholder consultation is not required at this point.
My Department is presently actively progressing the finalisation of the drafting of the Regulations, in consultation with the Environment Protection Agency, with a view to putting in place as speedily as possible a robust and effective legislative underpinning for the proposed new regulatory system for the large-scale peat extraction sector.
201. Deputy Brendan Smith asked the Minister for Housing, Planning and Local Government the stage at which negotiations at European Union level on the reallocation of seats in the European Parliament following Britain's decision to leave the European Union are at; if the reallocation of seats will be applicable for the 2019 European elections; if so, if additional seats will be allocated to Ireland; and if he will make a statement on the matter. [19255/18]
Amharc ar fhreagraThe composition of the current 2014-2019 European Parliament was established by European Council Decision 2013/312/EU of 28 June 2013 which, in the case of Ireland, provided for the election of 11 MEPs. The current number of MEPs in the European Parliament is 750 plus the President with each Member State having between 6 and 96 Members.
Council Decision 2013/312/EU provided that it would be revised again in advance of the 2019-2024 parliamentary term upon an initiative of the European Parliament to be presented before the end of 2016. The launch of this process was, however, postponed by the European Parliament’s Committee on Constitutional Affairs (i.e. the AFCO Committee) until after the referendum in the United Kingdom on its withdrawal from the European Union.
On 7 September 2017, a draft report on the composition of the European Parliament for 2019-2024 was published by the AFCO Committee. This draft report was adopted, with some amendments, at a plenary meeting of the AFCO Committee on 23 January 2018. In broad terms, the revised report proposes, among other things, that:
when the withdrawal of the United Kingdom from the European Union becomes legally effective, 27 of the United Kingdom’s 73 seats would be re-distributed among 14 Member States, of which 2 would go to Ireland, increasing Ireland’s MEPs from 11 to 13 in number. This would mean a reduction in the overall size of the European Parliament from 751 to 705 members;
- however, as set out in the Parliament's resolution, if the date on which the United Kingdom's withdrawal from the European Union becomes legally effective takes place after the European Parliament elections are held in mid-2019, the number of MEPs to be elected from each Member State for the 2019-2024 parliamentary term would remain the same as that of the current parliament. The additional seats would only be filled on the date after which the United Kingdom's withdrawal becomes legally effective.
These proposals were approved and a resolution was subsequently adopted at a plenary of the European Parliament on 7 February 2018. The European Parliament resolution which contains a Proposal for Decision of the European Council establishing the composition of the European Parliament will now be considered by the European Council at its next formal meeting in June of this year. Subject to the approval of the European Council, which will require a unanimous decision, the proposal will be returned to Parliament for a final vote.
In the event that Ireland’s total number of seats in the European Parliament is changed in respect of the 2019-2024 parliamentary term, it will be necessary to review our European constituency arrangements. Section 5(1A) of the Electoral Act 1997 makes provision for the establishment of a committee to make a report in relation to European Parliament constituencies. This was done in 2013 prior to the last elections to the European Parliament.
202. Deputy Catherine Murphy asked the Minister for Culture, Heritage and the Gaeltacht if her attention has been drawn to correspondence (details supplied) regarding an aqueduct; if the necessary works will be prioritised in view of the fact that it is a protected structure; if she has had engagement with the Office of Public Works on the matters raised in the correspondence; and if she will make a statement on the matter. [19206/18]
Amharc ar fhreagraMy office or my Department have no record of having received such correspondence.
I have been informed by Waterways Ireland that it is working with Kildare County Council to expedite repairs to the parapet wall of the structure in question. It was recently struck by a vehicle and badly damaged for the second time this year, resulting in the Council's decision to close the road for the safety of road users.
Waterways Ireland has informed me that it is prioritising the repair works at the request of the Council, in order to allow re-opening of the road. Works will be done sympathetically with due regard to the heritage nature of the structure.
Works to the road itself are the responsibility of Kildare County Council as the relevant road authority.
Waterways Ireland has also informed me that it is in consultation with Kildare County Council in regard to any changes to be undertaken as part of the wall repair works.
It has been identified that some road re-alignment is required, which will require temporary closure of the Grand Canal, and Waterways Ireland is incorporating this into the repair works.
As the Office of Public Works do not have a role in the repair works it has not been consulted.
