Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

This section puts in place the appropriate safeguards for the transfer of staff from RTÉ to the concert hall. The staff are to be transferred with the terms and conditions they enjoyed at RTÉ. Under the Transfer of Undertakings (Protection of Employment) Regulations, or TUPE regulations, however, such terms and conditions do not include pensions. The Department engaged the services of a financial consultant in 2021 to advise on the implications of the transfer for transferring employees' pensions and remuneration. The consultant met with the transferring staff one to one. Consultation also took place through the oversight and working groups. Representatives from RTÉ, the concert hall, the National Symphony Orchestra, NSO, choirs and the unions were in attendance at the meetings to advance this process. All practical issues relating to the transfer, including terms and conditions and pension entitlements, were resolved following an extensive process of engagement with staff and staff representatives. A similar provision to subsections (1) and (2) is included in section 32 of the National Cultural Institutions (National Concert Hall) Act 2015, which established the concert hall as a national venue for performance, appreciation and enjoyment of music. All this was done on the basis of advice from the Attorney General and is essentially an avoidance-of-doubt measure. There is no impact on pensions. Very detailed work went into ensuring that none of the individuals' pensions would be affected.