Regina Doherty (Meath East, Fine Gael) | Oireachtas source

I thank the Deputies present and those Deputies absent as well. I know it is a particularly rife issue in the environs of Aer Lingus and the constituencies that touch it.

I wish to outline that the trustees of any scheme have duties and responsibilities under trust law, other relevant legislation and 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. Consequently, any decisions made by corporate or individual trustees of an occupational pension scheme are governed by the relevant legislation.

Trustees have a basic obligation to carry out their duties in accordance with the law and the terms of the trust deed and rules. Most important, they are obliged to act in the best interests of all scheme beneficiaries, whether deferred, active or those receiving a pension - this is probably what is most relevant to this case.

An active member who is elected as a trustee has to act in the best interests of all members. If there is a conflict of interest, then the person's duty as a trustee must take precedence over other interests. If it is considered that benefits due are not being paid in accordance with the rules of a pension scheme, the member concerned can invoke the dispute resolution process and procedures that the scheme is obliged to operate. If the member is still dissatisfied, she can bring the complaint to the Pensions Ombudsman or the Pensions Authority.

I trust Deputies appreciate that, in my position, I cannot comment or intervene directly in the pension arrangements applying to a particular scheme. However, where issues that cause concern relating to a particular scheme are raised with me, as in this case, I can notify the Pensions Authority and ask those responsible to intercede. I wish to confirm for the Deputies present and absent that the matter relating to this particular scheme has been raised with my Department. In turn, we have raised it with the Pensions Authority, which has agreed to examine it and come back to us with a report. The Pensions Authority will assess if there has been a legal breach of obligations and take any necessary action if such a breach has been found.

Although the Pensions Authority is under the aegis of my Department, it regulates pension schemes entirely independently of the Department. Therefore, I am not in a position to influence or comment on the matter, the process or the length of time it will take. I can say that when this concern was brought to authority officials last week they were happy to intervene and address the concerns to the trustees. We await a response. I hope that clarifies the matter for the Deputies.

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