Michael Ring (Mayo, Fine Gael)
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Question 125: To ask the Minister for Community, Rural and Gaeltacht Affairs if he is satisfied that fair and proper employment procedures are upheld by all organisations under the remit of his Department; if he will review the practices employed by bodies under the aegis of his Department; and if he will make a statement on the matter. [33567/08]

Éamon Ó Cuív (Galway West, Fianna Fail)
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As the Deputy will be aware, there are a number of public bodies that are funded by or come within the ambit of my Department. These bodies are subject to relevant employment legislation and general Government policy on terms and remuneration of public service employees as detailed in various Department of Finance circulars.

In the case of the North-South bodies under my Department, An Foras Teanga and Waterways Ireland, the position is that these bodies must comply with fair and proper employment procedures and legislation in both jurisdictions. For example, they are subject to both the code of practice for governance of State bodies in addition to the combined code on corporate governance, which applies in Northern Ireland.

As regards groups which receive funding from my Department, these are subject to the relevant employment legislation.

Michael Ring (Mayo, Fine Gael)
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Does the Minister accept that we have had nothing but controversy since Waterways Ireland was set up? First, we had a case of alleged harassment and bullying, an allegation that was upheld and settled and for which the taxpayer had to pay an individual a substantial amount of money. My colleague, Deputy Dinny McGinley, raised that issue in the Dáil and was provided with information the Minister subsequently had to come back and correct. The Department did not learn from that mistake.

Last week we heard of a case taken to the Equality Commission by an individual who did not get the opportunity to apply for a job because the job was not advertised or filled by open competition. This case too was upheld and the person was found to be justified in the complaint. Does the Minister accept that in the past we might have got away with that kind of procedure in the South? One thing we can say for the Unionists and the North is they have standards. We have been found out in this regard.

Did the Minister have any involvement in the process in question? Did he get a report from Waterways Ireland? Is he happy — although two cases were successfully brought to commissions and one case is currently going through the High Court — the procedures in place are working?

Éamon Ó Cuív (Galway West, Fianna Fail)
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Contrary to what has been alleged publicly, I am satisfied that Waterways Ireland is delivering competently on the targets in its business plan and is an effective organisation. I am happy the body has a written policy on recruitment and promotions and on best practice principles, including fairness and transparency. I am assured the best public service practice is followed in all its appointments and promotions.

The Deputy raised an issue with regard to advertising. When the body was set up, it absorbed the staff that was in the canals and drainage division of the OPW in the South and the staff in the North. Deputy Ring must accept they had to be absorbed into the new body on the transfer and I presume he does not query that.

Michael Ring (Mayo, Fine Gael)
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Does the Minister condone bullying and does he believe all jobs should be advertised in open competition? If he does not condone bullying, what has been done in the bullying case? Has the bully lost his position or been brought in and reprimanded or has he got away with it? Has the Minister not learned from the first case? There are procedures in place in Northern Ireland and I am glad of that. For too long in this jurisdiction, people have got away with certain practices, but they will not in Northern Ireland.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Of course posts should be subject to open competition but as I pointed out, when the body was set up the people in the previous organisations had the right of transfer into the new body. I presume the Deputy does not query that.

On the matter of standards, there are clearly written policies with regard to recruitment, promotions and best principles. These have been laid down by the two Ministers, who make all the decisions on Waterways Ireland. I am happy with the procedures in Waterways Ireland. Allegations were made and an independent process took place.

Michael Ring (Mayo, Fine Gael)
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Both cases were upheld and substantiated.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Following the independent process recommendations were made and followed.