Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

We have had a chance to deliberate on the petitions and we will now decide on them.

Petition No. 53/12 is from Mrs. Catherine Doran concerning the revised eligibility criteria for the contributory State pension. Are there any proposals?

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I propose that we write to the petitioner giving her a transcript of what we have done to date and that the Minister's correspondence would be forwarded to her. Given that the social welfare qualification criteria are quite black and white, we should write to the social protection committee requesting that when it is considering any future pension changes or substantial changes to the social welfare code in terms of changing the criteria that it would take into account the need for a lead-in time. We should also write to the Minister asking her that when substantial changes are being made, especially regarding pension entitlement, that sufficient lead-in time is given for those measures to take effect to allow people alter their work practices or contributions to ensure they can qualify if at all possible. People have built up an expectation, especially in terms of their pension. They have worked all their lives. They have an idea what to expect and if that changes overnight or over a short time, they do not have the opportunity to make up the shortfall in contributions, change the number of hours they work or the number of qualifying credits required. In this case that is the least we can do.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Is that agreed? Agreed. That petition is closed on foot of that proposal.

The next petition is No. 30/12 from Mr. Des Keane regarding cases of those convicted of capital murder whose death sentences have been commuted by the President with the result that this small group of prisoners do not have any redress to parole or remission. I open up the discussion to the members.

Susan O'Keeffe (Labour)
Link to this: Individually | In context | Oireachtas source

This is a complex and difficult case for the petitioner but we ask that the committee write to the Minister for Justice and Equality on foot of the Supreme Court ruling of 18 July 2013, which directly affects this particular petitioner because it gave relief to another person. It would appear as if the petitioner in this case, Mr. Des Keane, may be able to get relief under that ruling but we need clarification from the Minister for Justice and Equality. I recommend that we write to the Minister for Justice and Equality to ask him if that Supreme Court ruling applies to all other prisoners serving sentences for capital murder prior to 1990.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Is that agreed? Agreed.

The next petition is No. 63/12 from Mrs. Christine Oman entitled Clean Air and Streets. Mrs. Oman is calling for an extension of the smoking ban to include all public areas including parks, beaches, streets and public squares.

Michael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context | Oireachtas source

I accept the opinion of the secretariat that this petition has been taken as far as it can by the committee.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I note also that the suggestion from the petitioner is under consideration by the Tobacco Free Policy Review Group-----

Michael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context | Oireachtas source

That is the right place for it.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

-----and we can make her aware-----

Michael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context | Oireachtas source

Of that fact.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

-----that it is being considered by relevant authorities.

Susan O'Keeffe (Labour)
Link to this: Individually | In context | Oireachtas source

I would like to put on the record that the Tobacco Free Policy Review Group has a very large task before it, which is to try to establish whether a smoking ban should be extended to all public areas such as playgrounds, parks, sporting grounds in education and so on. I am aware that University College Dublin recently voted to have a smoke-free zone so obviously we will have to wait. In writing to the petitioner we might explain to her that this work will take some time. The review group will not suddenly announce something. It will have to take many issues into consideration but at the very least the Minister for Health and his Department are keen to pursue a healthy Ireland policy, which would include banning smoking in public places, but that work cannot be done overnight. That might be made clear to the petitioner.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

It is not our role to second-guess the work of the review group or to-----

Susan O'Keeffe (Labour)
Link to this: Individually | In context | Oireachtas source

And that the work of the review group will take time.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

We will encourage the petitioner to engage directly with that process. It is the appropriate process rather than this committee. Is that agreed? Agreed.

The next petition is No. 67/12 from Mr. Liam Tuathail in respect of the Financial Emergency Measures in the Public Interest Act 2010. He states that it is unjust and unfair and that the State is reneguing on contractual agreements.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Mr. Liam Tuathail has raised some interesting points but a particular point he has highlighted is that the Pensions Ombudsman fully acknowledges that his contractual rights have been violated but that it was not within their power to overturn an Act introduced by the Oireachtas. Given that, and the other points raised by Mr. Liam Tuathail, it would be appropriate to refer this petition to the parliamentary legal office for consideration and for it to revert to us.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Is that agreed? Agreed.

Susan O'Keeffe (Labour)
Link to this: Individually | In context | Oireachtas source

The petitioner raised his concern that government had failed to intervene to reduce the pensions of former taoisigh and others but it is my understanding that the pensions of former taoisigh have been reduced. Given that this aggravated the petitioner considerably, we might perhaps write to the petitioner and explain when we respond to the rest of the petition that this has happened and give the detail to him.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Is that agreed? Agreed.

The final petition is from Mr. Pat Brady regarding the closure of carpentry joinery at the Institute of Technology Blanchardstown. I have a proposal to make on this. First, we should contact the petitioner to clarify what efforts he has made to engage with the Department of Education and Skills, the Higher Education Authority or the institute to raise these issues of concern because it is required that every petitioner demonstrate that he or she has made every effort within their power to appeal or question something before it comes to this stage. We will clarify that and revisit it next week. At that stage we may write to the Institute of Technology Blanchardstown seeking its perspective and then further consider the petition. Is that agreed? Agreed.

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

It might not be relevant at the moment but could we follow up on whether it is correct that the current system requires an apprentice to secure employment during training? I think that is the system.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Several issues of concern have been raised. The committee would be minded to address them when we get clarification next week. There are several points in the petition that we will revisit and advance but I want to clarify what efforts the petitioner has made prior to that.

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I just wanted to add that to our work.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

We will not ignore the issues raised. We just want to clarify what efforts the petitioner has made.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Is it possible to get clarification from the Department of Education and Skills before next week on its review of apprenticeship? The second phase of that was due to start in April. Can we find out what progress has been made and when we are likely to see a report based on that because that will tie into the points raised by the petitioner?

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

The secretariat has noted those points and whenever we revisit the petition, possibly very briefly next Wednesday, we can start to put in place the next steps.

Susan O'Keeffe (Labour)
Link to this: Individually | In context | Oireachtas source

Perhaps also in preparation for that meeting it might be worth checking what the Higher Education Authority's ruling was at the time this change took place because there has been a great deal of rationalisation by the authority recently. There must be a note of the decision on what happened, which we could take in tandem with whatever comes back from the petitioner next week so that we would be adequately informed and could take our next step with the appropriate information.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Is that agreed? Agreed.

The joint committee will adjourn until next Wednesday, 23 October, when we will meet Mr. Peter Tyndall who has been nominated as the new Ombudsman. That is a very important meeting because it will be the first time that the Houses of the Oireachtas have had an opportunity to engage with Mr. Tyndall about his vision and plans, and to revisit some of the lessons learned from and perspectives of the outgoing Ombudsman, Ms Emily O'Reilly.

Susan O'Keeffe (Labour)
Link to this: Individually | In context | Oireachtas source

Given that we have not conducted this process before, are there Standing Orders or any guidance on how and at what level we might engage with Mr. Tyndall? Has he actually been appointed or is he appointed only if we agree? What is the kind of-----

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

He has not been officially appointed.

Susan O'Keeffe (Labour)
Link to this: Individually | In context | Oireachtas source

That is exactly right. I want to know what the-----

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

He has not been officially appointed. The process is that he must first come before this committee. There is then a resolution of the Dáil and the Seanad following that meeting. That is the procedure. It is a recommendation from the Minister for Public Expenditure and Reform which is agreed by Cabinet and it comes to us. The secretariat will issue the framework for the meeting, the context in which it takes place, our responsibilities as members and suggestions of the types of issue that we should raise and ask about. We will issue that to members in good time.

Susan O'Keeffe (Labour)
Link to this: Individually | In context | Oireachtas source

That would be very helpful. I thank the Chairman. It would be incorrect of us to abdicate our responsibility. It would also be incorrect if we overstepped our responsibility.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

That is very true. We will make sure to issue a note to all the members to explain the framework in which we should work. It should be a very constructive and positive meeting. I emphasise that we brought in the outgoing Ombudsman, Ms Emily O'Reilly, who gave us a perspective based on immense experience over ten years. We might circulate the Official Report of that meeting to members to read over and recap on the points that she made to assist us.