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

The committee has had the opportunity to deliberate on the petitions before us today and I will read out our decisions. The first petition for consideration is P00009/13 from Mr. Hugh Rance, calling for an independent process of appeal in the Department of Education and Skills through which a teacher who is employed by a vocational education committee and has been refused qualified pay and incremental credit, can make an appeal against the decision reached by the VEC. In particular he feels the regulations on the free movement of workers within the EU are not being enforced by the Department of Education and Skills and as a result, he is being penalised financially and the reduction in salary will also have an impact on his future pension payment.

The petitioner forwarded further correspondence to the secretariat on 22 February informing the committee that his situation has been resolved as a result of the appointment of a new chief executive officer to the education and training board. While he gave no details of the solution reached, he has asked that the committee make appropriate recommendations to the Department of Education and Skills on the circulation of circulars that have an impact on the terms and condition of employment and on pay.

We have received further correspondence from the Cork Education and Training Board outlining the ways it is dealing with these matters. We have agreed to forward to the petitioner a copy of the response from the Cork Education and Training Board and then to close the petition.

The second petition for consideration is P00014/13 from Ms Ursula Widmer on the medical criteria for disabled drivers and passengers to be granted a concession under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, SI 353.

Members will see from the criteria that if an individual has the use of one arm, he or she is not entitled to this concession. However, if an individual has the use of one leg he or she is entitled to the concession. This seems to be extremely unfair as either would necessitate the use of a modified vehicle.

It is proposed the committee will take three steps. First, we write to the Minister seeking information on the reason that the disablement of the loss of one arm does not satisfy the criteria to qualify under the terms of the scheme; second, that we ask for specific information on the difference in disability, in the context of the scheme, between the loss of one leg as a qualifying criteria whereas the criteria for an upper limb disablement is the loss of both the hand and the arm, given that both disablement necessitates the modification of a car; and, third, we will ask whether he has plans to legislate to balance the disparity in the scheme. Following the Minister's response, we will deliberate further on the petition.

The third petition is P00003/14 from Mr. Christophe Krief concerns a breach of European law on competition, freedom of establishment and free movement of workers. Mr. Krief states the Building Control Act 2007 is questionable, totally discriminatory and in violation of the fundamental principles of European law and the free movement of workers with the EU Community. The current verdict of the European Ombudsman is that the Building Control Act 2007 is in breach of European law.

We have had correspondence on this issue from a number of bodies. The Minister for the Environment, Community and Local Government, Deputy Phil Hogan, has recently signed into law the Building Control (Amendment) Regulations 2014 which came into force in March 2014. This new law stipulates that only three groups of professions will be authorised to design and certify compliance with building regulations. The Chartered Institute of Architectural Technologists, CIAT, has been excluded for no reason. This means that Mr. Krief will not be allowed to continue to work in Ireland. CIAT has prepared a complaint to send to the European Commission.

The committee has deliberated on the correspondence from a number of bodies. As we think the correspondence clarifies the matter, it is proposed to forward it to the petitioner and the petition be closed.