Timmy Dooley (Clare, Fianna Fail)

The Minister argues that the individuals were employed by a State owned company rather than direct employees of the State. In truth, however, they were employees of the State, albeit at a remove created by the commercial semi-State structure. Another group of workers transferred from the Department of Transport to the DAA in the expectation that they would be employed on the same terms and conditions but, unfortunately, that did not apply. This is a separate issue of which the Minister will be aware through correspondence to his Department. It should have been addressed by the previous Government but it remains unresolved.

The State has a duty to these individuals because, like CIE, at the end of the day these are State companies. While the pension fund should have been able to cover their pensions, it is insufficient. One can argue this is an issue for the trustees to address but the State had control over the boards of these companies. I accept pension trustees operate outside of boards but the companies concerned invested insufficient money into their funds. As the companies failed to honour their obligations because of poor actuarial advice or other reasons, the funds are unable to meet the expectations of the workers. That was the fault of the companies and their boards. The blame cannot be heaped on the trustees, who are in the difficult position of dividing the loaves and fishes. I accept the Minister's points about legal responsibility but there certainly is a moral obligation on the State.

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