Dinny McGinley (Donegal South West, Fine Gael)
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Question 1: To ask the Minister for Community, Rural and Gaeltacht Affairs if he has had communication from the Northern Ireland Office in relation to activities within Waterways Ireland; if he has responded to its queries; and if he will make a statement on the matter. [37100/06]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I received correspondence from the Secretary of State for Northern Ireland, Rt. Hon. Peter Hain MP, on 14 September 2006. I replied to his letter on 2 October 2006 and I am arranging for a copy of the correspondence to be forwarded to the Deputy.

Dinny McGinley (Donegal South West, Fine Gael)
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I thank the Minister for his reply. I am pleased that he responded so promptly to the communication from the Secretary of State for Northern Ireland. I am sure the Minister would agree that Waterways Ireland has tremendous potential for both sides of the Border. It is in charge of a very important asset, the administration of our lakes, rivers and canals. Does the Minister agree that this cross-Border body has been continually dogged by controversy since its institution? It is rapidly reaching the stage where there may be a danger of a complete breakdown between the northern and the southern elements of the organisation. Waterways Ireland is becoming a regular topic for discussion not only in this Parliament, but also in other parliaments of these islands.

Does the Minister further agree that serious allegations made with regard to bullying in the organisation have been upheld? There has been malpractice in terms of appointments and mismanagement of the organisation, which could do serious damage to North-South relations. Appointments to senior positions that should have been publicly advertised for open competition proceeded without adherence to the procedure in spite of undertakings given in Stormont in 2002 that senior appointments would be made by open competition involving public advertisement. Serious claims have been made of discrimination in these appointments on grounds of religion, politics and nationality, which would be disastrous if found to be true.

Can the Minister confirm if some of these more recent accusations are the subject of an investigation in Northern Ireland? I understand that one of the people who alleges discrimination has applied to the Fair Employment Tribunal there. In spite of the best efforts of Waterways Ireland, this case is being processed and heard at present. These are very serious accusations, which I have raised here on a number of previous occasions. While I understand the great potential of the organisation, being continually dogged by such controversies will do no service to us here or our people in Northern Ireland.

Éamon Ó Cuív (Galway West, Fianna Fail)
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As a North-South implementation body, Waterways Ireland has an excellent record in managing its core business. When I met my counterpart, Rt. Hon. David Hanson MP earlier this year, we noted with satisfaction the achievement made by Waterways Ireland against the 2005 business plan objectives and its steady progress on the main targets for 2006. We jointly expressed our support for the ongoing work of developing and promoting the inland waterways network on the island and commended Waterways Ireland for its progressive approach in identifying the issues facing staff in a cross-Border context, bringing together existing and new staff from different backgrounds and cultures and putting in place a positive plan for the future of the organisation.

On the case to which the Deputy has alluded, the allegations made were very serious and were taken as such by my Department and the co-sponsoring Department in Northern Ireland. An independent investigation was carried out into the allegations of bullying, harassment and related matters in Waterways Ireland by independent investigators appointed by my Department and the Department of Culture, Arts and Leisure in Northern Ireland. The report of the investigators was submitted to the two Departments. The bulk of the allegations were not upheld by the investigation. This is a matter of fact. The investigation, which was independent of Waterways Ireland and the two Departments, came to the conclusion that the bulk of the allegations could not be upheld. Having said that, the report recommended a number of actions to be taken by Waterways Ireland. The Department subsequently monitored progress on agreed actions. All the agreed actions have now been delivered upon by the CEO to the satisfaction of the two Departments, which are satisfied that this brings the matter to a close.

Obviously, any person not satisfied with the process to date is entitled to pursue further processes. I recognise that anybody with a grievance can ultimately go through the courts to vindicate his or her rights. We have followed a very good process in this case. This is not the first time this issue has been raised. We have provided as much information as possible, recognising people's rights to privacy.

Dinny McGinley (Donegal South West, Fine Gael)
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I thank the Minister for the information he has given. Was any disciplinary action taken following the investigation, which upheld allegations of bullying and malpractice in making appointments in Waterways Ireland? Why are staff in Waterways Ireland here paid more than their counterparts in Northern Ireland for the same sort of work and responsibilities?

Éamon Ó Cuív (Galway West, Fianna Fail)
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I cannot give a detailed answer on the second issue today. I will get the Deputy an explanation. I am sure whatever is done is by agreement. Obviously, marrying two jurisdictions with different rates of pay and different tax systems poses its challenges. I understand that all these issues are being addressed.

I believe I have already supplied the Deputy with a copy of recommended actions to be taken by Waterways Ireland following the report of the investigators. Those recommendations have been fully implemented. One of the people with a grievance, who represented part of the subject of the investigation, has taken a case against Waterways Ireland for his dismissal and is seeking reinstatement. It is that person's right and nobody will deny him it. Obviously, Waterways Ireland will defend itself and its action in that case, particularly based on the investigator's report.